UC-NRLF 


SB 


REVISION  OF   1906 


STATE  OF  MICHIGAN 


LAWS    RELATING    TO 


T  IONS 


COMPILED    UNDER    THE    SUPERVISION    OF 


GEORGE    A.     PRESCOTT 


SECRETARY    OP   STATE 


BY  AUTHORITY 


LANSING,  MICH. 

WYNKOOP  HALLENBECK  CRAWFORD  CO.,  STATE  PRINTERS 

1906 


REVISION  OF   1906 


STATE  OF  MICHIGAN 


LAWS   RELATING   TO 


ELECTIONS 


COMPILED    UNDER   THE    SUPERVISION    OF 


GEORGE    A.    PRESCOTT 


SECRETARY    OF   STATE 


BY  AUTHORITY 


LANSING,  MICH. 

WYNKOOP  HALLENBECK  CRAWFORD  CO.,  STATE  PRINTERS 

1906 


TABLE  OF  CONTENTS. 


CHAPTER  I. 

Sections. 

Constitutional  Provisions    1-54 

Elections   denned  f 55 

CHAPTER   II. 
Registration: 

Act  177  of  1859 56-85 

Registration  in  cities 57-63 

Registration   in  townships 64-72 

Death  and  removal  of  electors 73-76 

Village  elections    77-84 

In  Wayne  County   85 

Act  4  of  1869 — Registration  in  new  townships 86-91 

Boards  of,  not  to  meet  where  liquors  are  sold 92-93 

CHAPTER  III. 

General  and  Special  Elections: 

Act  175  of  1851 — Holding  of  general  and  special  elections 94-102 

Notification  of  elections    103-110 

Act  190  of  1891— Manner  of  conducting,  and  to  prevent  fraud 111-155 

Act  175  of  1851— Continued. 

Poll    lists    156 

Canvass  of  votes   157-165 

District   canvass    166-172 

State  canvass    173-188 

State  officers,  representatives  and  presidential  electors 189-193 

Miscellaneous   provisions    194-199 

Act  194  of  1891 — Municipal  and  township  elections 200-202 

Identifying  ballots  of  unqualified  voters 203-208 

CHAPTER  IV. 
Canvass  and  Return  of  Votes: 

Act  149  of  1895 — Board  of  county  canvassers 209-221 

Special  canvass  for  state  senators  and  representatives  to  fill  vacancies.  222 

Uniformity  in  returns    223-224 

Correction  of  frauds  and  errors  in  returns 225 

Preservation  of  evidence  of  error  or  fraud 226-232 

CHAPTER  V. 

Act  203  of  1877— Election  districts  in  townships  and  villages 233-246 

CHAPTER  VI. 

Act  135  of  1895— Primaries  in  cities 247-268 , 

257211 


CONTENTS. 


CHAPTER  VII. 

Township  Elections — Duties  of  Officers:      (Chap.  16,  R.  S.  1846.)  Sections. 

Township  meetings    269-290 

Manner  of  conducting  elections 291-301 

Canvass  of  votes   302-306 

Township   officers    307-317 

Resignations,  vacancies,  etc 318-321 

Duties  of  township  clerk 322-324 

Township  treasurer    325 

Compensation  of  township  officers 326-327 

Township  business,  other  than  elections 328-332 

Qualification  of  voters  and  officers 333-334 

Act  156  of  1851— First  election  in.  townships 335 

* 

CHAPTER  VIII. 

Offenses  Against  Election  Laws: 

Penalties,  R.  S.  1846,  Chap.  19 336-342 

Betting  upon  elections   343 

Betting  upon  nominations    344-345 

Bribery    346-355 

Protection  of  primaries  and  conventions 356-364 

Purity  of  conventions   365-368 

Disturbances    369 

Closing  of  saloons  370 

CHAPTER  IX. 

County  officers,  election  and  qualification 371-397 

Approval  of  bonds   398 

CHAPTER  X. 

Resignations,  Vacancies  and  Removals: 

Resignations 399-400 

Vacancies    401-402 

Removals     .«> 403-408 

Filling  vacancies   409-412 

CHAPTER  XL 
Election  of  Certain  Officers: 

Circuit  judges   % 413-420 

Regents  of   university 421-424 

Justices  of  supreme  court 425-432 

U.   S.  senators 433-435 

Elections  in  upper  peninsula 436-441 

CHAPTER  XII. 

Elections  in  Cities  and  Villages: 

Fourth  class  cities    442-494 

Villages    495-517 

CHAPTER  XIII. 
Miscellaneous: 

Use  of  voting  machines 518-533 

Return  of  vote  to  Secretary  of  State 534-535 

Publicity  of  proposed  constitutional  amendments 536-537 

Apportionment  of  state  senators  and  representatives 538-540 

Local  option  law   ,  541-559 


CONTENTS. 


CHAPTER  XIV. 

Primary  Election  Law:  Sections. 

Act  181  of  1905 560-599 

NOTE. — This  compilation  includes  only  laws  of  a  general  nature.  Locar  acts 
which  concern  particular  localities  have  been  omitted. 

The  annotations  include  Supreme  Court  decisions  to  and  including  the  135th 
Michigan  report.  The  character  /  is  used  in  citing  cases,  to  avoid  the  repetition 
of  Mich.;  the  section  mark  §  refers  to  the  section  number  of  the  Compiled  Laws 
of  1897. 

The  section  numbers  in  parentheses,  (  ),  are  compiler's  sections  and  are  con- 
secutive throughout  the  book,  and  the  notes  used  refer  to  these  sections. 

Abbreviations — Am.,  amended;  C.  L.,  compiled  laws. 


MICHIGAN  ELECTION  LAWS. 


CHAPTER  I.— CONSTITUTIONAL  PROVISIONS. 


ARTICLE  IV.— LEGISLATIVE  DEPARTMENT. 

(1)  SECTION  1.     The  legislative  power  is  vested  in  a  sen-  Legislative 
ate  and  house  of  representatives.  vestedf.  ° 

DELEGATION  OP  LEGISLATIVE  POWER  :  The  general  law-making  power 
cannot  be  delegated. — People  v.  Collins,  3  /  343-427  ;  State  Tax  Law  Cases, 
54  /  350,  398,  455.  But  local  legislative  power  may  be  delegated  as  authorized 
and  contemplated  by  the  constitution. — People  v.  Collins,  3  /  343-415.  See 
also  Att'y  Gen.  v.  Bolger,  128  /  362  ;  People  v.  Salsbury,  134  /  544.  The  gov- 
ernor has  no  power  to  make  laws.  The  legislative  power  is  in  no  part  vested 
in  him :  his  office  is  a  check  upon  the  legislature. — People  v.  Dettenthaler, 
118  /  602. 

(2)  SEC.  2.     The  senate  shall  consist  of  thirty-two  mem-  Senate, 
fters.     Senators  shall  be  elected  for  two  years,  and  by  single 
districts.    Such  districts  shall  be  numbered  from  one  to  thirty- 
two  inclusive,  each  of  which  shall  choose  one  senator.     No 
county  shall  be  divided  in  the  formation  of  senate  districts, 
except  such  county  shall  be  equitably  entitled  to  two  or  more 
senators. 

Hunt  v.  Buhrer,  133  /  113. 

DIVISION  OF  COUNTY:  The  only  counties  as  yet  affected  by  this  pro- 
vision are  Wayne  and  Kent. 

(3)  SEC.  3.     The  house  of  representatives  shall  consist  of 
not  less  than  sixty-four,  nor  more  than  one  hundred  mem- 
bers.    Representatives  shall  be  chosen  for  two  years  and  by 
single  districts.     Each  representative  district  shall  contain, 
as  nearly  as  may  be,  an  equal  number  of  inhabitants,  exclu- 
sive of  persons  of  Indian  descent  who  are  not  civilized,  or 
are  members  of  any  tribe,  and  shall  consist  of  convenient  and 
contiguous  territory.     But  no  township  or  city  shall  be  di- 
vided in  the  formation  of  a  representative  district.     When 
any  township  or  city  shall  contain  a  population  which  en- 
titles it  to  more  than  one  representative,  then  such  township 
or  city  shall  elect  by  general  ticket,  the  number  of  repre- 
sentatives to  which  it  is  entitled.    Each  countv  hereafter  or- 


STATE  OF  MICHIGAN. 


ganized,  with  such  territory  as  may  be  attached  thereto,  shall 
be  entitled  to  a  separate  representative  when  it  has  attained 
a  population  equal  to  a  moiety  of  the  ratio  of  representation. 
In  every  county  entitled  1o  more  than  one  representative  the 
board  of  supervisors  shall  assemble  at  such  time  and  place 
as  the  legislature  shall  prescribe  and  divide  the  same  into  rep- 
resentative districts,  equal  to  the  number  of  representatives 
to  which  such  county  is  entitled  by  law,  and  shall  cause  to  be 
filed  in  the  offices  of  the  Secretary  of  State  and  clerk  of  such 
county,  a  description  of  such  representative  districts,  speci- 
fying the  number  of  each  district  and  population  thereof, 
according  to  the  last  preceding  enumeration. 

Am.  1870. 

CONTIGUOUS  TERRITORY:  This  does  not  require  contact  by  land,  but 
portions  of  territory,  although  separated  by  wide  reaches  of  navigable  deep- 
waters,  may  be  considered  contiguous.  —  Supervisors  v.  Sec'y  of  State,  92  /  638. 

GENERAL  TICKET  :  No  township  has  ever  come  under  this  provision  and 
only  three  cities,  Detroit,  Grand  Rapids  and  Saginaw. 

SUBDIVISION  OF  COUNTY:  The  power  to  divide  the  county  into  repre- 
sentative districts  is  vested  in  the  board  of  supervisors  and  not  in  the  legis- 
lature. —  Supervisors  v.  Sec'y  of  State,  92  /  638. 

See  Smith  v.  Saginaw,  81  /  123  ;  Maynard  v.  Canvassers,  84  /  228  ;  Hunt  v. 
Buhrer,  133/113. 

Enumeration  (4)  SEC.  4.  The  legislature  shall  provide  by  law  for  an 
of  inhabitants,  enumeration  of  the  inhabitants  in  the  year  eighteen  hundred 
and  fifty  -four,  and  every  ten  years  thereafter;  and  at  the  first 
session  after  each  enumeration  so  made,  and  also  at  the  first 
session  after  each  enumeration  by  the  authority  of  the  United 
States,  the  legislature  shall  rearrange  the  senate  districts  and 
apportion  anew  the  representatives  among  the  counties  and 
districts,  according  to  the  number  of  inhabitants,  exclusive  of 
persons  of  Indian  descent  who  are  not  civilized,  or  are  mem- 
bers of  any  tribe.  Each  apportionment,  and  the  division  into 
representative  districts  by  any  board  of  supervisors,  shall 
remain  unaltered  until  the  return  of  another  enumeration. 


Apportion- 
senators  and 
tfvesesenta" 


Am.  1870. 

DISTRICTS  UNALTERABLE:  The  constitution  prohibits  any  alteration  of 
a  district  and  a  law  which,  by  the  change  of  city  boundaries,  transfers  electors 
from  one  district  to  another  is  as  much  an  alteration  as  it  would  be  If  the 
same  result  were  brought  about  in  a  different  way.  —  Att'y  Gen.  v.  Holihan, 
29/116.  But,  except  as  prohibited  by  the  constitution,  the  legislature  can 
change  legislative  districts,  and  the  power  to  do  so  is  not  lodged  exclusively 
in  the  boards  of  supervisors.  Such  changes  may  be  made  after  a  new  enum- 
eration and  prior  to  the  new  apportionment.  —  People  v.  Bradley,  36  /  447.  The- 
organization  of  a  new  county  out  of  an  entire  representative  district  is  not 
prohibited.  —  Bay  Co.  v.  Bullock,  51  /  544.  An  act  which  consolidates  two 
cities  situated  in  different  districts,  but  expressly  preserves  the  boundaries 
of  the  districts  and  the  manner  of  electing  representatives,  does  not  violate 
this  provision  of  the  constitution.  —  Smith  v.  Saginaw,  81  /  123. 

ENUMERATION  :  The  enumeration  here  intended  is  an  enumeration  of  thf> 
population  by  either  the  federal  or  state  authority.  —  Bay  Co.  v.  Bullock,. 
51  /  544. 


Senators  and 
tfvesfonbe" 

OfflcTvacated 
by  removal, 


(5)  SEC.  5.  Senators  and  representatives  shall  be  citi- 
zens  of  the  United  States  and  qualified  electors  in  the  respec- 
tive  counties  and  districts  which  they  represent.  A  removal 
from  their  respective  counties  or  districts  shall  be  deemed  a 
vacation  of  their  office. 


Royce  v.  Goodwin,  22  /  496. 


ELECTION  LAWS.  *  9 


(6)  SEC.  6.     No    person    holding    any    office    under    the  certain  officers 
United  States  or  any  county  office,  except  notaries  public,  leltfnthe0  a 
officers  of  the  militia  and  officers  elected  by  townships,  shall  legislature. 
be  eligible  to  or  have  a  seat  in  either  house  of  the  legislature, 

and  all  votes  given  for  any  such  person  shall  be  void. 

See  Att'y  Gen.  v.  Detroit  Com.  Council,  112  /  151. 

(7)  SEC.  9.     Each  house  shall  choose  its  own  officers,  de-  Jj™8 of  each 
termine  the  rules  of  its  proceedings,  and  judge  of  the  quali- 
fications, elections  and  returns  of  its  members,  and  may,  with 

the  concurrence  of  two-thirds  of  all  the  members  elegted,  ex- 
pel a  member.    No  member  shajl  be  expelled  a  second  time  for  Rules— expui- 
the  same  cause,  nor  for  iny  cause  known  to  his  constituents        01 
antecedent   to   his   election;   the   reason   for  such   expulsion 
shall  be  entered  upon  the  journal,  with  the  names  of  the 
members  voting  on  the  question. 

JUDGE  OP  ELECTIONS  :  The  decision  of  each  house  as  to  its  own  mem- 
bership is  conclusive  and  not  subject  to  review  by  the  courts. — People  v.  Maha- 
ney,  13  /  481  ;  F.  &  F.  P.  R.  Co.  v.  Woodhull,  25  /  99^;  Aud.  Gen.  v.  Super- 
visors, 89  /  552  ;  Wheeler  v.  Canvassers,  94  /  448. 

(8)  SEC.  11.     In  all  elections  by  either  house  or  in  joint 
.  convention,  the  votes  shall  be  given  viva  voce.    All  votes  on 

nominations  to  the  senate  shall  be  taken  by  yeas  and  nays, 
and  published  with  the  journal  of  its  proceedings. 

(9)  SEC.  18.     No  person  elected  a  member  of  the  legisla- 

ture  shall  receive  any  civil  appointment  within  this  State,  or  appointment, 
to  the  Senate  of  the  United  States,  from  the  governor,  the 
governor  and  senate,  from  the  legislature,  or  any  other  State 
authority,  during  the  term  for  which  he  is  elected.    All  such 
appointments  and  all  votes  given  for  any  person  so  elected 
for  any  such  office  or  appointment  shall  be  void.    No  member  Not  be  inter- 
of  the*  legislature  shall  be  interested,  directly  or  indirectly,  tract  wltKe 
in  any  contract  with  the  State  or  any  county  thereof,  author- state- 
ized  by  any  law  passed  during  the  time  for  which  he  is  elected, 
nor  for  one  year  thereafter. 

APPOINTMENT :  The  term  "appointment"  seems  to  be  used  here  as 
synonymous  with  "election." — People  v.  Hurlbut,  24  /  44.  The  purpose  of 
such  provisions  is  to  prevent  officers  from  using  their  official  positions  in 
the  creation  of  offices  for  themselves,  or  for  the  appointment  of  themselves 
to  place. — Ellis  v.  Lennon,  86  /  468. 

(10)  SEC.  30.     No  collector,  holder  nor  disburser  of  pub-  ineiigibiiity 

i .  *      -IT    i  ,     .        n        i       •    i    j  -L         T    •    °f  certain 

he  moneys  shall  have  a  seat  in  the  legislature,  or  be  eligi-  persons. 
ble  to  any  office  of  trust  or  profit  under  this  State,  until  he 
shall  have  accounted  for  and  paid  over,  as  provided  by  law, 
all  sums  for  which  he  may  be  liable. 

(11)  SEC.  34.     The  election   of   senators  and  representa-  Action  of d 
tives  pursuant  to  the  provisions  of  this  constitution,  shall  be  representa- 
held  on  the  Tuesday  succeeding  the  first  Monday  of  Novem-  u 

ber,  in  the  year  one  thousand  eight  hundred  and  fifty-two, 
and  on  the  Tuesday  succeeding  the  first  Monday  of  Novem-  ' 
ber  of  every  second  year  thereafter. 

Westinghausen   v.    People,    44  /  205  ;    Maynard   v.   Canvassers,   84  /  228.      For 
general  election  laws,  see  sections  94  et  seque. 
2 


10 


STATE  OF  MICHIGAN. 


Vacancies. 


Rights  of 
opinion. 


(12)  SEC.  37.     The  legislature  may  declare  the  cases  in 
which  any  office  shall  be  deemed  vacant,  and  also  the  manner 
of  filling*  the  vacancy,  where  no  provision  is  made  for  that 
purpose  in  this  constitution. 

VACANCIES  IN  OFFICE :  Upon  the  creation  of  a  new  office  a  vacancy 
exists,  whether  the  legislature  so  declares  or  not,  and  the  legislature  may  pro- 
vide for  filling  it. — People  v.  Burch,  84  /  408.  This  section  refers  only  to 
the  mode  of  filling  the  vacancy  and  not  to  the  term  of  the  appointee. — 
Att'y  Gen.  v.  Trombly  89  /  50 ;  People  y.  Burch,  84  /  408.  An  appointee  to 
fill  vacancy  has  the  same  official  standing  as  the  officer  he  succeeds. — Peck 
v.  Berrien  Supervisors,  102  /  346.  For  general  statutory  provisions  as  ta 
vacancies,  see  section  399. 

(13)  SEC.  41.    The  legislature  shall  not  diminish  or  en- 
large the  civil  or  political  rights,  privileges  and  capacities  of 
any  person  on  account  of  his  opinion  or  belief  concerning 
matters  of  religion. 

People  v.  Hurlbut,  24  /  44  ;  Pfeiffer  v.  Bd.  of  Education,  118  /  560. 


Governor  and 

lieutenant 

governor. 


Eligibility  to 
office  of. 


When  and  how 
elected. 


Writs  of  elec- 
tion. 

United  States 
officer  ineligi- 


governor. 


ARTICLE    V.— EXECUTIVE    DEPARTMENT. 

(14)  SECTION  1.     The  executive  power  is  vested  in  a  gov- 
ernor, who  shall  hold  his  office  for  two  years.    A  lieutenant 
governor  shall  be  chosen  for  the  same  term. 

(15)  SEC.  2.    No  person  shall  be  eligible  to  the  office  of 
governor  or  lieutenant  governor,  who  has  not  been  five  years 
a  citizen  of  the  United  States,  and  a  resident  of  this  State  two 
years  next  preceding  his  election;  nor  shall  any  perspn  be 
eligible  to  either  office  who  has  not  attained  the  age  of  thirty 
years. 

Att'y  Gen.  v.  Abbott,  121/560." 

(16)  SEC.  3.     The  governor  and  lieutenant  governor  shall 
be  elected  at  the  times  and  places  of  choosing  the  members  of 
the  legislature.     The  person  having  the  highest  number  of 
votes  for  governor  or  lieutenant  governor  shall  be  elected. 
In  case  two  or  more  persons  shall  have  an  equal  and  the  high- 
est number  of  votes  for  governor  or  lieutenant  governor,  the 
legislature  shall,  by  joint  vote,  choose  one  of  such  persons. 

(17)  SEC.  10.     He  shall  issue  writs  of  election  to  fill  such 
vacancies  as  occur  in  the  senate  or  house  of  representatives. 

(18)  SEC.  15.     No  member  of  congress,   nor  any  person 
holding  office  under  the  United  States,  or  this  State,  shall 
execute  the  office  of  governor. 

The  office  of  mayor  of  Detroit   is  an  office   "under  the  state." — Att'y   Gen. 
v.  Detroit  Com.   Council,  112  /  145. 


%'      t19)     SEC.  16.     No  person  elected  governor  or  lieutenant 

/  e  -•      111  i  •     •IT 

appointment     governor  shall  be  eligible  to  any  office  or  appointment  from 
tu°rmle  the  legislature,  or  either  house  thereof,  during  the  time  for 

which  he  was  elected.     All  votes  for  either  of  them  fqr  any 

such  office  shall  be  void. 


Att'y  Gen.   v.   Detroit   Com.    Council,   112/151. 


ELECTION  LAWS.  11 


ARTICLE    VI.— JUDICIAL    DEPARTMENT. 

(20)  SECTION  1.     The  judicial  power  Is  vested  in  one  su-  Judicial 
preme  court,  in  circuit  courts,  in  probate  courts  and  in  jus-  power< 
tices  of  the  peace.     Municipal  courts  of  civil  and  criminal 
jurisdiction  may  be  established  by  the  legislature  in  cities. 

JUDICIAL  POWER  DEFINED  :  The  judicial  power  of  courts  is  generally 
understood  to  be  the  power  to  "hear  and  determine"  controversies  -between 
adverse  parties  and  questions  in  litigation. — Daniels  v.  People,  6  /  381. 

JUDICIAL  POWER  VESTED  :  Judicial  power  can  be  vested  only  in  courts 
and  judicial  officers  and  all 'the  judges  and  judicial  officers,  without  exception, 
must  be  elected  directly  by  the  people  of  the  state  or  of  their  local  districts. — 
Allor  v.  Wayne  Auditors,  43  /  76,  97. 

MUNICIPAL  COURTS:  They  are  created  only  for  the  common  judicial 
business  of  a  municipal  tribunal. — Scott  v.  Judges,  58  /  312.  The  establish- 
ment of  such  courts  is  germane  to  the  subject  matter  of  acts  incorporating 
cities  and  of  acts  revising  city  charters. — People  v.  Hurst,  41  /  328  ;  Att'y 
Gen.  v.  Amos,  60  /  372  ;  People  v.  Pond,  67  /  98.  The  constitutional  jurisdic- 
tion of  the  circuit  court  cannot  be  interfered  with  or  made  subordinate  to 
that  of  the  municipal  court. — Jones  v.  Judge,  35  /  494  ;  Heath  v.  Judge,  37  / 
372  ;  Allen  v.  Judge,  37  /  474  ;  G.  R.,  N.  &  L.  S.  R.  R.  Co.  v.  Gray,  38  /  401 ; 
People  v.  Hurst,  41  /  328.  While  municipal  courts  cannot  be  considered  as 
inferior  courts,  yet  they  are  limited  in  their  jurisdiction  by  the  residence 
of  the  parties. — G.  R.,  N.  &  L.  S.  R.  R:  Co.  v.  Gray,  38  /  461 ;  Denison  v. 
Smith,  33/155. 

See  also  Nichols  v.  Judge  Sup.  Court,  Grand  Rapids,  130  / 187 ;  Fitch  v. 
Bd.  of  Auditors,  133  / 184 ;  Att'y  Gen.  v.  Loomis,  D.  L.  N.,  Votl.  12,  p.  553, 
and  numerous  citations  on  page  91,  C.  L.,  1897. 

(21)  SEC.  2.      For  the  term  of  six  years  and  thereafter  supreme 
until  the  legislature  otherwise  provide,  the    judges    of    the  cc 
several  circuit  courts  shalJ  be  judges  of  the  supreme  court, 

four  of  whom  shall  constitute  a  quorum.  A  concurrence  of 
three  shall  be  necessary  to  a  final  decision.  After  six  years 
the  legislature  may  provide  by  law  for  the  organization  of  a 
supreme  court,  with  the  jurisdiction  and  powers  prescribed  in 
this  constitution,  to  consist  of  one  chief  justice  and  three 
associate  justices,  to  be  chosen  by  the  electors  of  the  State. 
Such  supreme  court,  w^hen  so  organized,  shall  not  be  changed 
or  discontinued  by  the  legislature  for  eight  years  thereafter. 
The  judges  thereof  shall  be  so  classified  that  but  one  of  them 
shall  go  out  of  office  at  the. same  time.  The  term  of  office 
shall  be  eight  years. 

The  legislature  of  1903  increased  the  number  of  justices  to  eight  and  made 
the  term  of  office  eight  years. 

People  v.  Aud.   Gen.,  5  /  193  ;   Royce  v.   Goodwin,  22  /  496. 

(22)  SEC.  G.     The  State  shall  be  divided  into  judicial  cir-  judicial 
cuits,  in  each  of  which  1he  electors  thereof  shall  elect  one  arcults- 
circuit  judge,  who  shall  hold  his  office  for  the  term  of  six 
years,  and  until  his  successor  is  elected  and  qualified.     The 
legislature  may  provide  for  the  election  of  more  than  one  cir- 
cuit judge  in  the  judicial  circuit  in  which  the  city  of  De- 
troit is  or  may  be  situated,  and  in  the  judicial  circuit  in 
which  the  county  of  Saginaw  is  or  may  be  situated,  and  in 

the  judicial  circuit  in  which  the  county  of  Kent  is  or  may  be 
situated,  and  in  the  judicial  circuit  in  which  the  county  of 
St.  Clair  is  or  may  be  situated.  And  the  circuit  judge  or 
judges  of  such  circuits,  in  addition  to  the  salary  provided  by 
the  constitution,  shall  receive  from  their  respective  counties 
such  additional  salarv  as  mav  from  time  to  time  be  fixed  and 


12  STATE  OF  MICHIGAN. 


determined  by  the  board  of  supervisors  of  said  county.  And 
the  board  of 'supervisors  of  each  county  in  the  Upper  Penin- 
sula, and  in  the  counties  of  Bay  and  Washtenaw  and  the 
county  of  Genesee  in  the  Lower  Peninsula,  is  hereby  author- 
ized and  empowered  to  give  and  to  pay  the  circuit  judge  of 
the  judicial  circuit  to  which  said  county  is  attached,  such  ad- 
ditional salary  or  compensation  as  may  from  time  to  time 
be  fixed  and  determined  by  such  board  of  supervisors.  This 
section  as  amended  shall  take  effect  from  the  time  of  its 
adoption. 

Amendment  approved  by  the  people  at  the  April  election,  1905. 

CIRCUIT  JUDGES :  The  constitution  does  not  in  terms  require  that  a 
circuit  judge  shall  reside  within  his  circuit  or  prevent  the  election  of  one 
who  resides  elsewhere. — Boyce  v.  Goodwin,  22  /  496. 


Election  of  (23)     SEC.  7.     The  legislature  may  alter  the  limits  of  cir- 

c?rcStsm  new  cuits  or  increase  the  number  of  the  same.  No  alteration  or 
increase  shall  have  the  effect  to  remove  a  judge  from  office. 
In  every  additional  circuit  established,  the  judge  shall  be 
elected  by  the  electors  of  such  circuit,  and  his  term  of  office 
shall  continue,  as  provided  in  this  constitution  for  judges  of 
the  circuit  court. 

Judges  ineiigi-      (24)    SEC.  9.    Each  of  the  judges  of  the  circuit  courts  shall 

San°judldai    receive  a  salary,  payable  quarterly.     They  shall  be  ineligible 

office.  to  any  other  than  a  judicial  office  during  the  term  for  which 

they  are  elected  and  for  one  year  thereafter.     All  votes  for 

any  person  elected  such  judge  for  any  office  other  than  judi- 

cial, given  either  by  the  legislature  or  the  people,  shall  be 

void. 

Judges  of  pro-  (25)  SEC.  13.  In  each  of  the  counties  organized  for  judi- 
Ofate>  l  cial  purposes,  there  shall  be  a  court  of  probate.  The  judge  of 
such  court  shall  be  elected  by  the  electors  of  the  county  in 
which  he  resides,  and  shall  hold  his  office  for  four  years,  and 
until  his  successor  is  elected  and  qualified.  The  jurisdiction, 
powers,  and  duties  of  such  court  shall  be  prescribed  by  law. 

PROBATE*  JUDGES:  The  duties  performed  by  probate  judges  are  in  no 
sense  services  performed  for  their  respective  counties  and  they  are  in  no 
sense  county  officers.  They  exercise  a  portion  of  the  judicial  and  prerogative 
power  of  the  state  and  cannot  be  subjected  to  the  direction  of  any  body  in- 
ferior to  the  legislature.  —  Douvielle  v.  Manistee  Supervisors,  40/585.  But 
probate  judges  must  reside  within  the  counties  for  which  elected.  —  Royce  v. 
Goodwin,  22  /  496.  Appointment  to  fill  vacancy.  —  People  v.  Lord,  9  /  227. 

vacancies,  (26)     SEC.  14.     When  a  vacancy  occurs  in    the    office    of 

judge  of  the  supreme,  circuit  or  probate  court,  it  shall  be 
filled  by  appointment  of  the  governor,  which  shall  continue 
until  a  successor  is  elected  and  qualified.  When  elected,  such 
successor  shall  hold  his  office  the  residue  of  the  unexpired 
term. 

The  appointee  under  this  provision  holds  only  until  the  election  of  a  suc- 
cessor. —  People  v.  Lord,  9  /  227  ;  Lawrence  v.  Hanley,  84  /  405  ;  People  v. 
Burch,  84  /  408  ;  Adsit  v.  Sec'y  of  State,  84  /  420  ;  People  v.  Palmer,  91  /  283. 


commissioners.       ^     S]EC'  16'     The  legislature  may  provide  by  law  for  the 
election  of  one  or  more  persons  in  each  organized  county,  who 


ELECTION  LAWS.  13 


may  be  vested  with  judicial  powers  not  exceeding  those  of  a 
judge  of  the  circuit  court  at  chambers. 

CIRCUIT  COURT  COMMISSIONER  :  The  powers  of  this  officer  cannot  be 
conferred  upon  a  city  recorder  ex  officio. — McClintock  v.  Laing,  19  /  300.  Nor 
upon  a  notary  public. — Chandler  v.  Nash,  5  /  409.  The  circuit  court  com- 
missioner is  a  subordinate  and  assistant  to  the  circuit  court  rather  than  an 
independent  judicial  officer. — Burger's  Case,  39  /  203.  As  to  requirement  that 
he  be  an  attorney  at  law,  see  People  v.  May,  3  /  609.  See  statutory  provisions 
as  to  this  officer,  see  section  387. 

(28)  SEC.  17.     There  shall  be  not  exceeding  four  justices  Justices  of  the 
of   the   peace   in   each    organized   township.     They   shall   be  SSnXff1* 
elected  by  the  electors  of  the  townships,  and  shall  hold  their 

offices  for  four  years,  and  until  their  successors  are  elected 
and  qualified.  At  the  first  election  in  any  township  they  shall 
be  classified  as  shall  be  prescribed  by  law.  A  justice  elected 
to  fill  a  vacancy  shall  hold  his  office  for  the  residue  of  the  un- 
expired  term.  The  legislature  may  increase  the  number  of 
justices  in  cities. 

FOUR  JUSTICES :  There  has  always  been,  under  the  constitution,  four 
justices  provided  by  law  for  each  township,  and  the  term  of  years  of  the 
office,  and  the  provision  for  classification  of  the  terms  at  the  first  election 
tend  to  support  the  theory  that  it  was  intended  by  the  constitution  that 
there  should  be  four  justices  in  each  township ;  but  the  constitution  strictly, 
by  its  terms,  does  not  provide  that  there  must  be  four  justices  in  a  township, 
but  that  there  shall  be  not  exceeding  four. — Brooks  v.  Hydorn,  76/273.  A 
justice  of  the  peace  is  a  constitutional  officer  and  cannot  be  legislated  out  of 
office  by  the  reorganization  of  a  municipality  or  the  amendment  of  a  charter. 
— Gratupp  v.  Van  Epps,  113  /  590  ;  see  also  Att'y  Gen.  v.  Loomis,  D.  L.  N., 
Vol.  12,  p.  553.  As  to  the  election  of  justices  in  townships,  see  section  269 
of  this  compilation,  also  sections  2369-73  of  C.  L.,  1897. 

MUST  BE  ELECTED  :  The  constitution  requires  all  justices  to  be  elected 
and  it  is  against  public  policy  to  have  them  chosen  otherwise  except  for  tem- 
porary purposes. — Edison  v.  Almy,  66  /  329  :  Brooks  v.  Hydorn,  76  /  275. 

TERM  OF  OFFICE :  See  Messenger  v.  Teagan,  106  /  654 ;  Hulbert  v. 
Henry,  105/212. 

(29)  SEC.  20.     The  first  election  of  judges  of  the  circuit  Circuit  judges. 
courts  shall  be  held  on  the  first  Monday  in  April,  one  thou-  w 

sand  eight  hundred  and  fifty-one,  and  every  sixth  year  there- 
after. Whenever  an  additional  circuit  is  created,  provision 
shall  be  made  to  hold  the  subsequent  election  of  such  addi- 
tional judge  at  the  regular  elections  herein  provided. 

The  manifest  intent  of  the  constitution  is  that  the  judiciary  shall  be  elected. 
Upon  the  creation  of  a  new  circuit  judgeship,  a  vacancy  in  office  exists,  which 
may  be  filled  provisionally  by  appointment  by  the  governor,  until  the  next 
election,  general  or  special. — People  v.  Burch,  84  /  408.  As  to  the  election  of 
circuit  judges,  see  sections  413-420. 

(30)  SEC.  21.     The  first  election  of  judges  of  the  probate  Jj£g£eo 
courts  shall  be  held  on  the  Tuesday  succeeding  the  first  Mon-  elected.6' 
day  of  November,  one  thousand  eight  hundred  and  fifty-two, 

and  every  fourth  year  thereafter. 


ARTICLE    VII.— ELECTIONS. 

(31)    SECTION  1.    In  all  elections,  every  male  inhabitant  of  Qualification 
this  State,  being  a  citizen  of  the  United  States,  every  male  Ol 
inhabitant  residing  in  this  State  on  the  twenty-fourth  day  of 
June,    eighteen   hundred   thirty-five,   every    male    inhabitant 
residing  in  the  State  on  the  first  day  of  January,  eighteen 


14 


STATE  OF  MICHIGAN. 


hundred  fifty,  every  male  inhabitant  of  foreign  birth  who, 
having  resided  in  the  State  two  years  and  six  months  prior  to 
the  eighth  day  of  November,  eighteen  hundred  ninety-four, 
and  having  declared  his  intention  to  become  a  citizen  of  the 
United  States  two  years  and  six  months  prior  to  said  last 
named  day,  and  every  civilized  male  inhabitant  of  Indian 
descent,  a  native  of  the  United  States,  and  not  a  member  of 
any  tribe,  shall  be  an  elector  and  entitled  to  vote;  but  no  one 
shall  be  an  elector  or  entitled  to  vote  at  any  election  unless  he 
shall  be  above  the  age  of  twenty-one  years,  and  has  resided  in 
this  State  six  months  and  in  the  township  or  ward  in  which 
he  offers  to  vote  twenty  days  next  preceding  such  election: 
Proviso.  Provided,  That  in  time  of  war,  insurrection  or  rebellion  no 
qualified  elector  in  the  actual  military  service  of  the  United 
States,  or  of  this  State,  or  in  the  army  or  navy  thereof,  shall 
be  deprived  of  his  vote  by  reason  of  his  absence  from  the  town- 
ship, ward  or  State  in  which  he  resides,  and  the  legislature 
shall  have  the  power,  and  shall  provide  the  manner  in  which 
and  the  time  and  place  at  which  such  absent  electors  may 
vote,  and  for  the  canvass  and  return  of  their  votes  to  the 
township  or  ward  election  district  in  which  they  respectively 
reside  or  otherwise. 

Amendment  approved  by  the  people  in  1894. 

QUALIFICATION  OF  ELECTORS  :  The  source  of  all  authority  to  vote  at 
popular  elections  is  the  constitution  ;  the  electorate  is  constituted  by  the  funda- 
mental law ;  and  the  qualifications  of  electors  must  be  uniform  throughout 
the  state. — Coffin  v.  Election  Commissioners,  97  /  189  ;  Att'y  Gen.  v.  Abbott, 
121  /  545.  As  to  uniformity,  see  also.  Att'y  Gen.  v.  Common  Council,  58  /  216  ; 
Maynard  v.  Canvassers,  84  /  239.  The  qualifications  of  voters  at  school  meet- 
ings have  never  been  identical  with  those  of  electors  as  defined  in  the  con- 
stitution.— Belles  v.  Burr,  76  /  1. 

TOWNSHIP  OR  WARD :  No  one  can  vote  anywhere  but  in  the  township 
or  ward  where  he  resides,  except  as  now  provided  in  the  case  of  soldiers. — 
People  v.  Blodgett,  13/127.  [This  is  the  decision  on  the  "soldiers'  voting 
law"  of  Feb.  5,  1864,  which  led  to  the  adoption  of  the  proviso.] — People  v. 
Maynard,  15  /  463 ;  Att'y  Gen.  v.  HOlihan,  29  / 116 ;  Att'y  Gen.  v.  Common 
Council,  58  /  213  ;  Warren  v.'  Board  of  Registration,  72  /  401.  For  election 
purposes  each  ward  is  made  by  the  constitution  equivalent  to  a  township. — • 
Allor  v.  Wayne  Auditors,  43  /  76.  The  intention  of  the  voter  is  an  im- 
portant factor  in  determining  residence. — Harbaugh  v.  Cicott,  33  /  241,  250. 


Votes  to  be 
by  ballot. 


Privilege  of 
electors  from 
arrest. 


From  military 
duty. 


Residence  of 
electors. 


(32)  SEC.  2.     All  votes  shall  be  given  by  ballot,  except 
for  such  township  officers  as  may  be  authorized  by  law  to  be 
otherwise  chosen. 

BALLOT:  People  v.  Blodgett,  13/143;  Belles  v.  Burr,  76/23;  Maynard 
v.  Canvassers,  84  /  234 ;  Att'y  Gen.  v.  May,  99  /  547.  The  object  of  this 
provision  was  to  secure  the  entire  independence  of  the  electors,  to  enable  them" 
to  vote  according  to  their  own  individual  convictions  of  right  and  duty. — 
People  v.  Cicott,  16  /  312.  The  ballot  is  a  constitutional  method  which  can- 
not be  changed. — Att'y  Gen.  v.  Detroit  Com.  Council,  58  /  213,  217. 

(33)  SEC.  3.    Every  elector,  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  shall  be  privileged  from  arrest 
during  his  attendance  at  election,  and  in  going  to  and  return- 
ing from  the  same. 

(34)  SEC.  4.     No  elector  shall  be  obliged  to   do  militia 
duty  on  the  day  of  election,  except  in  time  of  war  or  public 
danger,  or  attend  court  as  a  suitor  or  witness. 

(35)  SEC.  5.     No  elector  shall  be  deemed  to  have  gained 
or  lost  a  residence  by  reason  of  his  being  employed  in  the 


ELECTION  LAWS.  15 


service  of  the  United  States  or  of  this  State;  nor  while  en- 
gaged in  the  navigation  of  the  waters  of  this  State  or  of  the 
United  States;  or  of  the  high  seas;  nor  while  a  student  of 
any  seminary  of  learning;  nor  while  kept  at  any  almshouse 
or  other  asylum  at  public  expense;  nor  while  confined  in  any 
public  prison,  except  that  honorably  discharged  soldiers, 
sailors  and  marines  who  have  served  in  the  military  or  naval 
forces  of  the  United  States  or  of  this  State,  and  who  reside 
in  soldiers'  homes  established  by  the  State,  may  acquire  a 
residence  where  such  home  is  located. 

Amendment  approved  by  the  people  in  1894. 

(36)  SEC.  6.     Laws  may  be  passed  to  preserve  the  purity  Purity  of  eiec 
of  elections  and  guard  against  abuses  of  the  elective  fran-  u' 

chise. 

People  v.  Blodgett,  13  / 177  ;  Att'y  Gen.  v.  Detroit  Com.  Council,  58  /  215  : 
Att'y  Gen.  v.  Detroit,  78  /  552 ;  Common  Council  v.  Rush,  82  /  537 ;  Att'y 
Gen.  v.  May.  99  /  547  :  Todd  v.  Election  Commissioners,  104  /  474. 

REGISTRATION :  Registration  is  imperative  and  must  be  complied  with 
before  the  elector  can  vote ;  and  the  failure  of  the  board  of  registration  to 
meet  is  of  no  avail  to  the  elector. — People  v.  Kopplekom,  16  /  342.  For  the 
various  statutory  provisions  as  to  registration,  etc.,  see  sections  56-93. 

(37)  SEC.  7.     No  soldier,  seaman  nor  marine,  in  the  army  soldiers,  etc., 
or  navy  of  the  United  States,  shall  be  deemed  a  resident  of  not  resi 
this  State  in  consequence  of  being  stationed  in  any  military 

or  naval  place  within  the  same. 

(38)  SEC.  8.     Any  inhabitant  who  may  hereafter  be  en- Dueling 
gaged  in  a  duel,  either  as  principal  or  accessory  before  the 
fact,  shall  be  disqualified  from  holding  any  office  under  the 
•constitution  and   laws  of  this   State  and  shall  not  be  per- 
mitted to  vote  at  anv  election. 


ARTICLE   VIII.— STATE    OFFICERS. 

(39)  SECTION  1.     There  shall  be  elected  at  each  general  state  officers 
biennial  election  a  secretary  of   state,  a  superintendent  of  tc 
public  instruction,  a  state  treasurer,  a  commissioner  of  the 

land  office,  an  auditor  general,  and  an  attorney  general  for 
the  term  of  two  years.  They  shall  keep  their  "offices  at  the 
seat  of  government  and  shall  perform  such  duties  as  may  be 
prescribed  by  law. 

As    to    extra    compensation    for    duties    performed    by    certain    officers,    see 
Warner  v.   Aud.   Gen.,   129  /  648. 

(40)  SEC.  2.     Their  term  of  office  shall  commence  on  the  Term  of  office, 
first  day  of  January,  one  thousand  eight  hundred  and  fifty- 
three,  .and  of  every  second  year  thereafter. 

See  Hunt  v.*Buhrer,  133/114. 

(41)  SEC.  4.     The  secretary  of  state,  state  treasurer,  and  Board  of  state 
commissioner  of  the  state  land  office  shall  constitute  a  board  auditors- 

of  state  auditors  to  examine  and  adjust  all  claims  against  the 


16 


STATE  OF  MICHIGAN. 


To  be  state 
canvassers. 


State,  not  otherwise  provided  for  by  general  law.  They  shall 
constitute  a  board  of  state  canvassers,  to  determine  the  result 
of  all  elections  for  governor,  lieutenant  governor,  and  State 
officers,  and  of  such  other  officers  as  shall  by  law  be  referred 
to  them. 

STATE  CANVASSERS  :  The  determination  of  this  board  is  subject  to  no  re- 
view except  as  provided  in  the  next  section.  —  People  'v.  Cicott,  16/301;  Royco 
v.  Goodwin,  22  /  501  :  Ayres  v.  State  Auditors,  42  /  427  :  Newton  v.  Can- 
vassers, 94  /  459  ;  Vance  v.  Canvassers,  95  /  466.  As  to  when  a  succeeding 
board  may  be  compelled  to  convene  and  recanvass  returns,  see  Belknap  v. 
State  Canvassers,  95  /  155  ;  Rich  v.  State  Canvassers,  100  /  453.  When 
mandamus  will  not  be  issued  against.  —  'Baker  v.  St.  Canvassers,  69  /  656.  See 
section  173  and  notes. 
See  Warner  v.  Aud.  Gen.,  129  /  650. 


i?  ^atureatoie'  ^^  ^EC'  ^'  "^n  case  ^wo  OY  more  Persons  have  an  equal 
mfkeacholce0  and  the  highest  number  of  votes  for  any  office,  as  canvassed 
by  the  board  of  state  canvassers,  the  legislature  in  joint  con- 
vention, shall  choose  one  of  said  persons  to  fill  such  office. 
When  the  determination  of  the  board  of  state  canvassers  is 
contested,  the  legislature,  in  joint  convention,  shall  decide 
which  person  is  elected. 

See  cases  cited  under  preceding  section. 


ARTICLE    X.— COUNTIES. 

yoteofeiec-         (43)     SEC.  2.     No  organized  county  shall  ever  be  reduced 

tors  on  divi-      .         .  -i  •       i  -  •  >  •  i  j  i  •     , 

sion  of  county,  by  the  organization  of  new  counties  to  less  than  sixteen 
townships  as  surveyed  by  the  United  States,  unless  in  pur- 
suance of  law  a  majority  of  electors  residing  in  each  county 
to  be  affected  thereby  shall  so  decide.  The  legislature  may 
organize  any  city  into  a  separate  county,  when  it  has  attained 
a  population  of  twenty  thousand  inhabitants,  without  refer- 
ence to  geographical  extent,  when  a  majority  of  the  electors 
of  a  county  in  which  such  city  may  be  situated,  voting  there- 
on, shall  be  in  favor  of  a  separate  organization. 

(44)  SEC.  3.  In  each  organized  county  there  shall  be  a 
sheriff,  a  county  clerk,  a  county  treasurer,  a  register  of  deeds 
and  a  prosecuting  attorney,  chosen  by  the  electors .  thereof , 
once  in  two  years,  and  as  often  as  vacancies  shall  happen, 
whose  duties  and  powers  shall  be  prescribed  by  law.  The 
board  of  supervisors  in  any  county  may  unite  the  offices  of 
county  clerk  and  register  of  deeds  in  one  office,  or  disconnect 
the  same. 

A  county  may  exist  without  officers. — Carleton  v.  People,  10  /  250.  Officers 
are  to  be  chosen  by  the  electors  of  the  county. — People  v.  Maynard,  15  /  463. 
In  case  of  a  tie  vote. — Keeler  v.  Robertson,  27  / 116.  Vacancies  in  offices 
upon  organization  of  a  new  county,  how  filled. — Att'y  Gen.  v.  Weimer,  59  / 
580.  The  prosecuting  attorney  must  be  an  attorney  at  law. — People  v. 
May,  3/598;  Att'y  Gen.  v.  Abbott,  121/541. 


County  offi- 
cers, elec- 
tion of. 


Sheriff  to  hold 
no  other  office. 

To  give 
security. 


(45)  SEC.  5.  The  sheriff  shall  hold  no  other  office,  and 
shall  be  incapable  of  holding  the  office  of  sheriff  longer 
than  four  in  any  period  of  six  years.  He  may  be  required  by 
law  to  renew  his  security  from  time  to  time,  and  in  default 


ELECTION  LAWS.  17 


of  giving  such  security,  his  office  shall  be  deemed  vacant.  The  county  not 
county  shall  never  be^  responsible  for  his  acts. 

Dunphy  v.  Whipplc,  25  /  10.  Upon  the  expiration  of  this  constitutional  limi- 
tation of  the  tenure  of  the  ofhce  of  sheriff,  the  under-sheriff  and  all  the 
deputies  go  out  of  office  with  their  principal. — Lamoreaux  v.  Att'y  Gen., 
89  /  146. 


ARTICLE    XL—TOWNSHIPS. 

(46)     SECTION  1.     There  shall  be  elected  annually,  on  the  Township  offi- 
first  Monday  of  April,  in  each  organized  township,  one  super-  efecte5hen 
visor,  one  township  clerk,  who  shall  be  ex  officio  school  in- 
spector, one  commissioner  of  highways,  one  township  treas- 
urer, one  school  inspector,  not  exceeding  four  constables,  and 
one  overseer  of  highways  for  each  highway  district,  whose 
powers  and  duties  shall  be  prescribed  by  law. 

ORGANIZED  TOWNSHIP  :  Townships,  in  which  electors  cau  lawfully  vote 
and  whose  supervisors  conjointly  may  exercise  the  legislative  and  adminis- 
trative powers  of  the  corporations,  are  necessary  subdivisions  of  the  county. 
A  county  cannot  be  organized  without  the  existence  of  townships,  and  there 
must  be  more  than  one  township. — People  v.  Maynard,  15  /  463.  A  new  town- 
ship, organized  without  special  conditions,  becomes  a  "township"  within  the 
meaning  of  the  constitution  and  laws,  clothed  with  the  same  rights  and 
powers  and  » subject  to  the  same  duties  as  belong  to  new  townships  gen- 
erally. It  becomes  severed  from  the  school  district  organization  in  which  it 
was  formerly  embraced. — People  v.  Ryan,  19  /  203.  There  is  nothing  to  indi- 
cate that  it  was  intended  to  embrace  organized  and  incorporated  cities  and 
vi'lages  within  the  term  ''organized  townships." — White  v.  Supervisors,  105  / 
612. 

ELECTIONS  :  The  townships  in  which  elections  are  held  must  be  organized 
townships. — People  v.  Maynard,  15  /  463. 

TOWNSHIP  OFFICERS'  FUNCTIONS  :  The  functions  of  township  officers, 
who  are  continued  by  constitutional  enactment,  are  as  clearly  within  the  con- 
templation and  protection  of  the  constitution  as  are  the  officers  themselves, 
and  the  legislature  has  no  more  power  to  deprive  those  officers  of  their 
authority  and  confer  that  authority  upon  officers  not  of  local  selection,  than 
it  has  to  abolish  the  offices. — Davies  v.  Supervisors,  89  /  295. 

SUPERVISORS :  These  officers,  who  may  constitute  a  county  board,  are 
necessary  to  the  organization  of  a  county. — People  v.  Maynard,  15  /  463.  The 
effect  of  this  section,  construed  with  sec.  7  of  art.  x,  is  to  limit  the  power  of 
the  legislature  to  give  organized  townships  more  than  one  representative  on 
the  board  of  supervisors,  and  imposes  the  duty  to  give  cities  some  represen- 
tation therein. — Att'y  Gen.  v.  Preston,  56  /  177.  For  the  distinction  between 
a  supervisor  and  an  ex  officio  member  of  the  board  of  supervisors,  see  the  case 
last  cited  and  Holden  v.  Supervisors,  77  /  202. 

HIGHWAY  OFFICERS  :  Highway  commissioners  are  constitutional  officers. 
— Burnham  v.  Township,  46  /  555.  The  powers  of  highway  commissioners  and 
overseers  are  subject  to  legislative  modification,  but  no  legislation  can  abolish 
the  offices  or  take  away  all  their  functions.  The  highways  in  each  district 
must,  to  some  extent  at  least,  be  subject  to  an  overseer  elected  by  the  people. 
— Hubbard  v.  Twp.  Board,  25  /  153. 

SCHOOL  INSPECTOR  :  People  v.  Ryan,  19  /  203  ;  Donough  v.  Dewey,  82  / 
309  ;  Pingree  v.  Board  of  Education,  99  /  404.  . 

CONSTABLES  :  No  municipal  corporation  ever  existed  here  or  in  England 
without  constables  or  officers  answering  to  constables.  They  are  here  and 
always  have  been  the  local  peace  officers  of  their  vicinage,  the  ministerial  offi- 
cers of  justices  of  the  peace  and  the  bailiffs  of  courts  of  record  of  criminal 
jurisdiction  in  the  county. — Allor  v.  Wayne  Auditors,  43  /  76,  102. 


ARTICLE   XIII. — EDUCATION. 

(47)     SEC.  G.     There  shall  be  elected  in  the    year    eight-  Rege^of  the 
een  hundred  and  sixty -three,  at  the  time  of  the  election  of  a  election  of. 
justice  of  the  supreme  court,  eight  regents  of  the  university, 
two  of  whom  shall  hold  their  office  for  two  years,  two  for  four 
years,  two  for  six  years,  and  two  for  eight  years.    They  shall 
enter  upon  the  duties  of  their  office  on  the  first  of  January 
next  succeeding  their  election.    At  every  regular  election  of  a 
3 


18 


STATE  OF  MICHIGAN. 


justice  of  the  supreme  court  thereafter  there  shall  be  elected 
two  regents  whose  term  of  office  shall  be  eight  years.  When 
a  vacancy  shall  occur  in  the  office  of  regent,  it  shall  be  filled 
by  appointment  of  the  governor.  The  regents  thus  elected 
shall  constitute  the  board  of  regents  of  the  University  of 
Michigan. 

Am.    1862. 

Election  of  regents,   see  sections  421-424. 

Board  of  edu-       (48)     SEC.  9.     There -shall  be  elected  at  the  general  elec- 
tionoL  tion  in  the  year  one  thousand  eight  hundred  and  fifty-two, 

three  members  of  a  state  board  of  education :  One  for  two 
years,  one  for  four  years,  and  one  for  six  years ;  and  at  each 
succeeding  biennial  election  there  shall  be  elected  one  member 
of  such  board,  who  shall  hold  his  office  for  six  years.  The 
superintendent  of  public  instruction  shall  be  ex  officio  a  mem- 
ber and  secretary  of  such  board.  The  board  shall  have  the 
general  supervision  of  the  State  Normal  School,  and  their 
duties  shall  be  prescribed  by  law. 


Eiectioniof 


ARTICLE    XV.—  CORPORATIONS. 

(49)  SEC.  14.  Judicial  officers  of  cities  and  villages 
shall  be  elected  and  all  other  officers  shall  be  elected  or  ap- 
pointed at  such  time  and  in  such  manner  as  the  legislature 
may  direct. 

Belles  v.  Burr,  76  /  23  ;  Coffin  v.  Elec.  Com'rs,  97  /  190  ;  Pingree  v.  Board 
of  Ed.,  99  /  407  :  White  v.  Supervisors,  105  /  613.  The  legislature  cannot  ap- 
point the  local  officers  of  cities  and  villages.  —  People  v.  Hurlbut,  24  /  44  ;  Att'y 
Gen.  v.  Lothrop,  24  /  235.  Jury  Commissioners  are  not  judicial  officers.  — 
People  v.  Reilly,  53  /  260.  Continuing  in  office,  under  a  new  act,  a  police 
judge  elected  under  an  old  act  repealed  does  not  confer  a  judicial  office  by 
legislation,  but  simply  abstains  from  legislating  him  out  of  office.  —  Coon  v. 
Att'y  Gen.,  42/65.  The  duties  of  the  Detroit  Board  of  Health  are  not  purely 
municipal  and  hence  its  members  may  be  appointed  by  the  governor.  —  Davock 
v.  Moore,  105  /  128.  Provisional  appointment  of  superintendent  of  public 
works  by  the  governor,  is  void  as  an  invasion  of  the  right  of  local  self-govern- 
ment. —  Moreland  v.  Millen,  126  /  382.  This  section  does  not  mean  appoint- 
ment by  the  legislature,  but  by  the  local  authorities.  —  Att'y  Gen.  v.  Lowrey, 
131  /  654. 


ARTICLE   XVIII.— MISCELLANEOUS   PROVISIONS. 

Oath  of  office.  (50)  SECTION  1.  Members  of  the  legislature,  and  all  offi- 
cers, executive  and  judicial,  except  such  officers  as  may  by 
law  be  exempted,  shall,  before  they  enter  on  the  duties  of 
their  respective  offices,  take  and  subscribe  the  following  oath 
or  affirmation:  "I  do  solemnly  swear  (or  affirm)  that  I  will 
support  the  constitution  of  the  United  States  and  the  con- 
stitution of  this  State,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of  -  -  according  to  the  best  of  my 

ability."    And  no  other  oath,  declaration  or  test  shall  be  re- 
quired as  a  qualification  for  any  office  or  public  trust. 

OFFICER  :  The  term  officer  can  be  taken  to  refer  to  only  such  officers  as 
have  some  degree  of  permanence  and  are  not  created  by  a  temporary  nomina- 
tion for  a  single  and  transient  purpose. — Underwood  v.  McDuffee,  15  /  361  ; 
Shurbun  v.  Hooper,  40  /  505. 


ELECTION  LAWS.  19 


OATH  :  The  oath  required  is  the  oath  of  allegiance  to  the  United  States 
and  to  the  state  and  to  perform  faithfully  the  duties  of  the  office. — Underwood 
v.  McDuffee,  15  /  361.  See  also,  People  v.  Salsbury,  134  /  549. 


ARTICLE  XIX.— UPPER  PENINSULA.  * 

(51)    SEC.  6.     That    elections    for    all    district    or    county 
officers,  state  senators  or  representatives,  within  the  bound- 
aries defined  in  this  article,  shall  take  place  on  the  Tuesday 
succeeding  the  first  Monday  of  November  in  the  respective 
years  in  which  they  may  be  required.  The  county  canvass  shall  ^Strict  Sn- 
be  held  on  the  first  Monday  thereafter,  and  the  district  can-  vass. 
vass  on  the  third  Monday  of  said  November. 

Am.    1862. 

As  originally  adopted  this  section  provided  for  elections  in  the  upper  penin- 
sula on  the  last  Tuesday  in  September ;  for  a  county  canvass  on  the  first 
Tuesday  in  October  and  for  a  district  canvass  on  the  last  Tuesday  of  October. 


ARTICLE    XX.— AMENDMENT    AND    REVISION    OF    THE    CONSTITUTION. 

(52)  SECTION  1.     Anv  amendment  or  amendments  to  this  Amendment  to 

.....  ,  ,    .       .,  constitution, 

constitution  may  be  proposed  in  the  senate  or  house  of  repre-  how  made, 
sentatives.  If  the  same  shall  be  agreed  to  by  two-thirds  of 
the  members  elected  to  each  house,  such  amendment  or 
amendments  shall  be  entered  on  the  journals  respectively, 
with  the  yeas  and  nays  taken  thereon,  and  the  same  shall  be 
submitted  to  the  electors  at  the  next  spring  or  autumn  elec- 
tion thereafter,  as  the  legislature  shall  direct,  and  if  a  major- 
ity of  electors  qualified  to  vote  for  members  of  the  legislature, 
voting  thereon,  shall  ratify  and  approve  such  amendment  or 
amendments,  the  same  shall  become  part  of  the  constitution. 

Amendment  proposed  by  J.  R.  29  of  1875  and  ratified  at  the  election  of 
1876.  The  amendment  consisted  in  striking  out  "general"  before  "election," 
and  inserting  "spring  or  autumn"  in  lieu  thereof ;  and  inserting  "as  the  legis- 
lature shall  direct."  The  meaning  of  "general  election"  was  confined  to  the 
biennial  November  election  for  state  officers. — Westinghausen  v.  People,  44  / 
265. 

Under  this  section  as  it  now  stands,  amendments  to  the  constitution  take 
effect  from  the  time  of  their  ratification  by  the  people. — Mining  Co.  v.  Osmun, 
82  /  573.  See  Rich  v.  Board  of  Canvassers,  100  /  459  ;  Peck  v.  Supervisors, 
102  /  355. 

PUBLICITY  OF  CONSTITUTIONAL  AMENDMENTS  :  For  an  act  to  secure 
greater  publicity  for  proposed  amendments,  see  sections  536-7,  infra. 

(53)  SEC.  2.     At  the  general  election  to  be  held  in  the  Revision  of 

-i-iJij-i          a      «_i        •  -i    •  i    the  constitu- 

year  one  thousand  eight  hundred  and  sixty-six,  and  in  each  tion. 
sixteenth  year  thereafter,  and  also  at  such  other  times  as  the 
legislature  may  b}'  law  provide,  the  question  of  the  general 
revision  of  the  constitution  shall  be  submitted  to  the  electors 
qualified  to  vote  for  members  of  the  legislature,  and  in  case  a 
majority  of  the  electors  so  qualified  voting  at  such  election, 
shall  decide  in  favor  of  a  convention  for  such  purpose,  the 
legislature,  at  the  next  session,  shall  provide  by  law  for  the 
election  of  such  delegates  to  such  convention.  All  the  amend- 
ments shall  take  effect  at  the  commencement  of  the  year 
after  their  adoption. 

Am.   1862. 

The  amendment  consisted  in  striking  out  the  word  "political,"  before  the 
word  "year,"  where  it  last  occurs. 


20 


STATE  OF  MICHIGAN. 


THE    SCHEDULE— WHEN   OFFICIAL  .TERMS    BEGIN. 

office8  when          (^     SECTION  28.     The  terms   of  office  of  all   State  and 
to  begin.  ei       county  officers,  of  the  circuit  judges,  members  of  the  board  of 
education,  and  members  of  the  legislature  shall  begin  on  the 
first  day  of  January  next  succeeding  their  election. 

As  to  right  of  legislature  to  extend  term  of  office  of  an  incumbent,  see  Hunt 
T.   Buhrer,   133  /  107. 


Annual  town- 
ship meeting. 


General  elec- 
tion. 


ELECTIONS   DEFINED. 

[Extract  from  Ch.  1,  R.   S.   1846.] 

(55)  §  50.  SEC.  3.  Sub.  Div.  4.  The  words  "annual 
meeting,"  when  applied  to  townships,  shall  be  construed  to 
mean  the  annual  meeting  required  by  law  to  be  held  in  the 
month  of  April. 

Sub.  Div.  19.  The  words  "general  election,"  shall  be  con- 
strued to  mean  the  election  required  by  law  to  be  held  in 

the  month  of  November. 

% 

GENERAL  ELECTION :  The  general  election  is  ,not  a  township  meeting 
in  any  legal  sense. — People  v.  Knight,  13  /  426.  Under  the  constitution  there 
was  only  one  election  which  was  ever  referred  to  as  a  general  election,  ahd 
that  the  term  was  used  as  identical  with  the  November  election,  which  was 
previously  annual,  and  thereby  made  biennial.  That  was  the  only  election 
held  simultaneously  throughout  all  the  state  for  officers  to  represent  the  whole 
State. — Westinghausen  v.  People,  44  /  269.  And  it  is  hardly  necessary  to 
say  that  subsequent  legislation  could  not  change  the  meaning  or  effect  of 
any  part  of  the  constitution.— Id  270.  The  only  foundation  for  any  notion 
that  the  spring  elections  can  serve  the  purpose  of  the  general  election  men- 
tioned in  the  constitution  is  that  in  organizing  the  present  supreme  court  in 
1857,  the  statute  declared  that  a  "general  election''  should  be  held  on  the 
first  Monday  in  April  every  second  year  for  the  election  of  judges.  Of  course, 
the  legislature  can  make  their  own  definitions  for  statutory  purposes,  but 
this  would  not  change  the  constitutional  definition  or  make  it  apply  to  any 
election  not  within  the  constitutional  contemplation. — Id.  271.  The  language 
of  Art.  20  of  the  constitution  taken  with  all  the  various  other  provisions 
which  refer  to  general  elections,  very  plainly  refers  to  the  fall  election,  and 
that  the  practical  construction  put  upon  it  is  correct  and  binding. — Id.  272. 
The  words  "general  election"  used  in  the  constitution  'and  statute,  as  applied 
to  the  office  of  judge  of  probate,  can  have  no  other  meaning  than  the  biennial 
election  held  in  November,  and  an  election  at  any  other  time  to  that  office 
must  be  regarded  as  a  special  election. — People  v.  Palmer,  91  /  283.  The 
term  "general  election"  must  be  held  to  mean  the  November,  and  not  the  April 
election,  unless  inconsistent  with  the  manifest  intent  of  the  legislature. — 
Edgar  v.  Election  Commissioners,  118  /  418. 


CHAPTER  II.— REGISTRATION  OF  ELECTORS. 


tration. 


An  Act  further  to  preserve  the  purity  of  elections,  and  guard  against  the 
abuse  of  the  elective  franchise,  by  a  registration  of  electors. 

[Act  177,   S.   L.    1859.] 

The  People  of  the  State  of  Michigan  enact: 

(56)  §  3536.  SECTION  1.  That  there  shall  be,  in  the 
year  one  thousand  eight  hundred  and  fifty-nine,  a  registration 
of  the  qualified  electors  of  the  State.  The  aldermen  of  every 
incorporated  city,  and  the  supervisor,  treasurer,  and  clerk  of 


ELECTION  LAWS.  21 


every  township,  shall  constitute  a  board  of  registration  for 
such  city  or  township,  and  their  duties, shall  be  as  follows: 
They  shall  respectively  provide  suitable  bound  books  or  reg-  Bpard  to  pro- 
isters,  one  for  each  township  and  one  for  each  ward,  so  made  registers.1*8 
and  arranged  as  to  contain  an  alphabetical  list  of  the  re-  JJ°W  arrangedt 
spective  names,  Christian  or  baptismal,  and  surnames,  in  full, 
of  all  persons  declared  by  the  constitution  of  the  State  to  be 
electors  and  entitled  to  vote,  residing  in  their  townships  or 
wards,  and  the  date  of  the  registration ;  and,  if  the  elector  re- 
sides in  a  city  or  incorporated  village,  also  his  residence  by  „ 
the  number  of  the  dwelling  and  the  name  of  the  street,  if  any, 
and  if  none,  a  description  of  the  locality  of  the  same. 

REGISTRATION  NECESSARY:  This  act  is  grounded  upon  the  same 
article  of  the  constitution  which  gives  the  right  to  vote  and  is  imperative ; 
it  must  be  complied  with  before  the  elector  can  vote,  and  the  omission  of  the 
board  of  registration  to  meet  is  of  no  avail  to  the  elector  as  an  excuse  for 
not  registering. — People  v.  Kopplekom,  16  /  342.  See  Common  Council  v. 
Rush,  82/537;  Att'y  Gen.  v.  McQuade,  94/441. 

PURITY  OF  ELECTIONS  :  The  laws  to  regulate  elections  and  to  preserve 
their  purity,  and  to  guard  against  abuses  of  the  elective  franchise,  must  be 
reasonable,  uniform  and  impartial,  and  must  be  calculated  to  facilitate  and 
secure,  rattier  than  to  subvert  and  impede,  the  exercise  of  the  right  to  vote. — 
Att'y  Gen.  v.  Detroit,  78/553. 


REGISTRATION    IN    CITIES. 

(57)     §3537.     SEC.  2.     Each    city   board    shall,    at    least  city  boards  to 
two  weeks  previous  to  the  time  of  their  meeting  in  each  ward,  ffSting^of 
cause  to  be  published  in  one  or  more  newspapers  printed  and  j^SSon reg" 
published  in  such  city,  a  notice  that  the  board  of  registration 
will  meet  on  the  first  Monday  of  October,  in  the  year  one  Time  and 
thousand  eight  hundred  and  fifty-nine,  at  nine  o'clock  in  the  K 
forenoon,  to  make  a  perfect  list,  as  near  as  may  be,  of  all  per-  nated. 
sons  residing  in  such  ward,  qualified  as  electors  under  the 
constitution;  and  designating  the  place  in  each  ward  where 
said  board  will  meet  for  that  purpose.    And  they  shall  also  Handbills  to 
cause  handbills  to  be  posted  in  at  least  twenty  conspicuous  b( 
places  in  each  ward,  containing  a  similar  notice  of  the  time 
and  place  of  such  meeting  of  the  board  for  that  ward ;  which  what  notice 
notice  shall  also  contain  a  true  copy  of  section  one  of  article  to  contain. 
seven  of  the  constitution,  relative  to  the  qualifications  of  elec- 
tors.    And  the  board  may  so  divide  and  classify  themselves  Board  may 
that  two  or  more  of  them  may  be  assigned  to  different  wards, 
the  more  speedily  to  complete  the  registration ;  and  in  case  of 
the  sickness  or  absence  of  any  alderman,  or  his  inability  or  re-  asto  vacan- 
fusal  to  serve  at  the  session  in  any  ward,  the  board  shall,  in  cies- 
writing,  under  the  hand  of  their  chairman,  immediately  ap- 
point the  assessor  of  the  ward,  or  any  justice  of  the  peace,  to 
act  in  his  stead,  who  shall  be,  for  the  purpose  of  registration 
in  that  ward,  deemed  a  member  of  the  board  of  registration. 
They  shall  continue  in  session  not  less  than  three  nor  more  ^ngth  of 
than  five  days  in  each  ward.     All  necessary  blanks  and  in-  Expenses, 
structions  to  aid  the  board  in  the  discharge  of  their  duties,  how  paid- 
and  all  other  expenses  in  performing  the  same,  including  the 
employment   of  printers   for  printing  such  notices,   and  the 


22 


STATE  OF  MICHIGAN. 


Duty  of  boards 
of  registration. 


Sessions  to  be 
public. 


Registration, 
how  made. 


registry  lists,  shall  be  provided  by  the  board  and  be  paid  for 
by  the  city. 

(58)  §  3538.  SEC.  3.  At  the  time  and  place  mentioned 
in  such  notice,  the  board,  or  those  members  thereof  so  classi- 
fied and  assigned  for  that  ward,  shall  meet  and  proceed  to  the 
registration  in  such  book,  which  book  shall  be  called  the 
"Register  of  Electors"  for  such  ward,  of  the  names  of  persons 
at  the  time  residing  in  such  ward,  and  so  qualified  as  follows, 
to  wit:  Their  sessions  shall  be  public,  and  during  the  first 
two  days  thereof  they  shall  not  write  in  the  register  the  name 
of  any  person  without  a  request  made  by  him  personally  and 
in  their  presence;  but  shall  allow  him,  if  able  and  willing 
so  to  do,  to  write  his  own  name  therein  in  the  proper  place. 
In  case  of  such  request,  the  name  of  the  elector  shall  be 
plainly  written  by  a  member  of  the  board,  who  shall  also  note 
his  residence  as  required  by  section  one  of  this  act.  After 
the  first  two  days  of  the  session  it  shall  be  the  duty  of  such 
board  to  proceed  to  complete  the  list,  by  writing  in  such  reg- 
ister the  names  of  all  the  remaining  residents  of  the  ward, 
known  by  them  to  be  such  and  to  be  qualified  as  aforesaid, 
with  the  proper  descriptions  above  mentioned ;  but  they  shall, 
during  their  whole  session,  permit  any  such  qualified  person 
residing  in  the  ward,  whose  name  has  not  already  been  en- 
tered in  the  register,  to  write  it  there  himself.  Opposite  to 
every  name  on  such  register  shall  be  noted  by  the  board  the 
day  and  year  of  its  entry,  and  during  such  session  and  all 
future  sessions  of  the  board  in  any  city  or  township,  they 
may,  for  their  better  information  in  making  the  registration, 
have  before  them  the  poll  list  of  the  next  preceding  general 
election,  charter  election,  or  township  meeting,  to  be  returned 
to  the  proper  keeper  at  the  close  of  the  session,  and  all  such 
entries  shall  be  made  with  ink.  The  board,  at  every  session, 
shall  have  power,  and  it  shall  be  their  duty,  to  question  every 
person  presenting  himself  for  registration,  touching  his  resi- 
dence and  other  qualifications  as  an  elector  of  the  ward;  and 
it  shall  be  the  duty  of  the  applicant  to  make  truthful  answers 
to  all  such  questions,  and  the  board  may,  for  the  more  per- 
fect examination  of  the  applicant,  swear  and  employ  an  in- 
terpreter, truly  and  impartially  to  interpret  all  such  ques- 
tions and  answers,  and  if  the  applicant  shall,  in  his  answers, 
make  any  material  statement  which  is  false,  he  shall,  upon 
conviction  thereof,  pay  a  fine  of  not  more  than  one  hundred 
nor  less  than  five  dollars,  and  be  imprisoned  in  the  county 
jail  not  more  than  thirty  nor  less  than  five  days. 


Board  may 
question  and 
require  appli- 
cant to  make 
oath. 


Penalty  for 
making  false 
statement. 


BOARD  OP  REGISTRATION  :  Their  duty  as  to  the  mode  of  determining 
the  qualification  of  voters.  When  a  person  applies  to  the  board  of  registration 
for  the  purpose  of  having  his  name  registered  as  a  voter,  and  offers  to  be 
sworn  as  to  his  qualifications,  it  is  the  duty  of  the  board  to  examine  such 
person  upon  his  oath.  They  have  no  right  to  reject  him  on  mere  inspection. 
Where  the  return  made  by  respondents  denies  that  the  relator  was  entitled 
to  be  registered  as  a  voter,  an  issue  will  be  directed  to  determine  the  fact. — 
People  v.  Board  of  Registration  of  Nankin,  15/157.  Where  a  person  appears 
before  the  ward  board  of  registration  and  claims  to  be  registered,  the  board 
are  bound  to  examine  him  under  oath  and  hear  testimony  offered  by  him. 
They  have  no  right  to  pass  upon  the  question  of  his  legal  right  by  mere 
personal  inspection. — People  v.  Board  of  Registration,  17  /  427. 


ELECTION  LAWS.  23 


(59)      §  3539.     SEC.  4.     The   name   of    no   person   but   an  what  persons 
actual  resident  of  the  ward  at  the  time  of  the  registration,  J^^tion. to 
and  entitled,  under  the  constitution,  if  remaining  such  resi- 
dent, to  vote  at  the  then  next  general  or  charter  election, 
shall  be  entered  in  the  register.     Neither  the  board,  nor  any 
member  thereof,  shall  write  or  enter  in  the  register  the  name 
of  any  person,  nor  suffer  him  to  write  or  enter  his  name  there- 
in, whom  they  know,  or  have  good  reason  to  believe,  not  to  be 
such  resident  and  so  qualified;  nor  shall  any  person  knowing 
or  having  good  reason  to  believe  himself  not  to  be  such  resi- 
dent and  so  qualified,  write  his  name  therein,  or  cause  it  to 
be  done ;  and  every  person  so  offending  shall,  upon  conviction,  Penalty  for 
be  punished  for  each  offense  by  a  fine  of  not  more  than  five  registration. 
hundred  nor  less  than  twenty-five  dollars,  and  be  imprisoned 
in  the  county  jail  not  more  than  ninety  nor  less  than  ten  days.       * 

RESIDENCE  :  The  general  act  for  the  incorporation  of  cities  of  the  fourth 
class  provides  that  "the  residence  of  any  elector,  not  being  a  householder, 
shall  be  deemed  to  be  in  the  ward  or  election  district  in  which  is  located 
his  regular  place  of  lodging."  See  section  450.  Charters  of  other  cities  gen- 
erally contain  special  provisions  of  a  similar  nature.  See  residence  or  domi- 
cile defined  in  Appeal  of  Rue  High,  2  Doug.  523.  The  intention  of  the  elector 
is  one  of  the  most  important  inquiries  involved  in  the  question  of  residence. 
A  man  may  have  a  residence  in  one  place,  although  his  family  may  be  living 
elsewhere,  if  such  is  his  intention. — Harbaugh  v.  Cicott,  33  /  252.  See  further, 
as  to  intention,  Warren  v.  Registration  Board,  72  /  402 ;  Beecher  v.  Com. 
Council,  114  /  228.  As  to  students,  persons  in  the  public  service,  sailors 
and  inmates  of  asylums,  etc.,  see  section  35.  See,  as  to  where  the  elector 
must  vote,  notes  to  section  31.  As  to  change  of  elector's  residence  by  altera- 
tion of  boundaries  of  representative  districts,  see  notes  to  section  4. 


REGISTRATION   IN   CITIES    AFTER    1859. 

(60)      §  3540.     SEC.  5.     The  board  of  registration  provided  whenregis- 
for  in  this  act  shall  convene  and  meet  for  the  registration  of  toameetb°£ 
electors  on  the  third  Tuesday  and  Wednesday  preceding  any 
general  fall  election,  and  on  the  third  Tuesday  and  Wednes- 
day preceding  any  general  spring,  charter  or  special  election. 
The  board  of  registration  of  the  city,  to  be  constituted  as  when  to  be  in 
aforesaid,  shall  be  in  session  at  such  places  in  the  several &€ 
wards  as  they  shall  designate  in  their  notices,  to  be  published 
and  posted  up  as  hereinafter  provided,  from  seven  o'clock  in 
the  forenoon  until  eight  o'clock  in  the  afternoon,  for  the  pur- 
pose of  completing  the  lists  of  the  qualified  voters;  during 
wThich  session  it  shall  be  the  right  of  each  and  every  person 
then  actually  residing  in  the  ward,  and  who,  at  the  then  next 
approaching  election,  may  be  a  qualified  elector,  and  whose 
name  is  not  already  registered,  to  have  his  name  entered  in 
the  register,  which  shall  be  done  in  the  manner  above  de- 
scribed ;  and  such  boards,  and  each  member  thereof,  and  each 
applicant  for  registration,  is  hereby  vested  and  charged  with 
the  same  rights,  powers,  duties  and  penal  liabilities,  touch- 
ing the  examination  of  applicants,  as  hereinbefore  provided: 
Provided,  That  the  provisions  of  this  amendment  shall  not  Provisos  to 
be  applied  to  electors  in  the  city  of  Detroit,  nor  to  any  cities  Sou.0 
to  which  any  other  registration  law  may  apply. 

Am.    1901,    Act   32. 

As  to  Detroit,  see  sections  3573-8,  3580-81.   C.  L.,  1897. 

The   laws  to   regulate   elections,   and  to  preserve  their  purity,   and   to  guard 


24 


STATE  OF  MICHIGAN. 


against  abuses  to  the  elective  franchise,  must  be  reasonable,  uniform  and  im- 
partial, and  must  be  calculated  to  facilitate  and  secure,  rather  than  to  subvert 
nnd  impede,  the  exercise  of  the  right  to  vote. — Attorney  General  v.  Detroit. 
78  /  546.  No  registry  law  is  valid  which  deprives  an  elector  of  his  constitu- 
tional right  to  vote  by  any  regulation  with  which  it  is  impossible  for  him 
to  comply. — Id.  Requirements  which  compel  a  naturalized  elector  to  produce 
his  certificate,  or  show  by  evidence  other  than  his  own  oath  that  such  certifi- 
cate was  issued,  make  an  unfair  and  unnecessary  distinction  between  native 
born  and  naturalized  electors. — Id. 

QUALIFIED  ELECTORS  :     See  section  31  and  notes  thereto. 


Notice  to 
be  given. 


What  notice 
shall  contain. 


Duty  of 
inspects 
of  election. 


(61)  §  3541.  SEC.  6.  At  least  two  weeks  previous  to 
the  commencement  of  any  such  session,  the  board,  at  the  ex- 
pense of  the  city,  shall  cause  a  notice  thereof  to  be  printed 
and  published  in  one  or  more  newspapers  in  such  city,  desig- 
nating the  place  of  holding  the  same,  and  shall  cause  the  same 
notice  to  be  printed  in  handbill  form,  and  posted  up  in  at 
least  ten  conspicuous  places  in  each  ward;  which  handbill 
shall  also  contain  a  true  copy  of  the  list  of  names  then  ap- 
pearing in  the  register  for  the  ward.  And  immediately  after 
the  close  of  the  polls  of  such  election,  the  clerk  of  the  board 
of  inspectors  of  that  election,  and  before  the  counting  of  the 
votes,  shall,  under  the  direction  and  by  the  assistance  of  the 
inspectors,  insert  and  write  upon  or  attach  to  such  printed 
handbill,  all  the  names  of  electors  appearing  on  the  register 
and  not  on  such  handbill,  so  that  such  handbill  so  corrected 
shall  be  a  true  copy  of  the  list  then  appearing  in  such  reg- 
ister, and  shall,  with  the  inspectors,  or  a  majority  of  them, 
certify  and  sign  such  copy,  and  file  the  same  in  the  office  of 
the  county  clerk,  who  shall  carefully  keep  and  preserve  the 
same,  and  the  same  shall  be  evidence,  prima  facie,  of  the  or- 
iginal; and  in  case  of  the  loss  or  destruction  of  the  original, 
the  same,  or  a  certified  copy  thereof,  shall  be  used  in  its  stead. 

The  law  requires  the  registration  and  poll  lists  to  be  preserved  and  filed. 
They  are,  therefore,  public  records  and  admissible  as  evidence  of  the  facts 
therein  stated. — Att'y  Gen.  v.  May,  97  /  574. 


List  of  regis- 
tration to  be 
filed  with  the 
city  clerk. 


List  to  be 
given  to 
inspectors 
of  election. 


Names  may  be 
registered  on 
the  day  of 
election. 


(62)  §  3542.     SEC.  7.     At  the  close  of  their  sessions,  the 
board,  or  the  members  wrho  made  the  registration  in  the  par- 
ticular ward,  shall  sign  the  list,  adding  the  date  of  their  sig- 
nature, and  shall  immediately  deposit  the  same  for  safe  keep- 
ing with  the  city  clerk,  who  shall  carefully  preserve  the  same 
in  his  office  until  delivered  as  hereinafter  provided. 

(63)  §  3543.     SEC.  8.     At  any  such    general,    special    or 
charter  election  in  the  city,  and  as  soon,  at  least,  as  the  poll 
in  each  ward  is  opened,  the  city  clerk  shall  cause  the  proper 
register  to  be  placed  in  the  hands  of  the  inspectors  of  election, 
to  be  used  by  them  during  the  same,  and  returned  to  the 
city  clerk  immediately  thereafter;  and  they  shall  not  receive 
the  vote  of  any  person  whose  name  is  not  written  therein. 
But  if  any  person  shall  offer  and  claim  to  vote  at  such  elec- 
tion, whose  name  is  not  3i>  registered,  his  name  may  be  reg- 
istered by  the  clerk  of  the  election,  under  the  direction  of  the 
inspectors,  upon  the  same  terms  and  conditions  hereinafter 
prescribed  for  the  like  cases  arising  at  elections  in   town- 
ships, substituting  ward  for  township;  and  both  the  appli- 


ELECTION  LAWS.  25 


cant  and  the  qualified  elector  shall  be  subject  to  the  same 
penalties  prescribed  in  cases  so  arising. 

The  object  of  a  registry  law,  or  of  any  law  to  preserve  the  purity  of  the 
ballot  box,  and  to  guard  against  abuses  to  the  elective  franchise,  is  not  to 
prevent  any  qualified  elector  from  voting,  or  unnecessarily  to  hinder  or  impair 
his  privilege. — Att'y  Gen.  v.  Detroit,  78  /  546.  A  registration  law  is  unreason- 
able which  contains  no  provision  by  which  an  elector  who  is  sick  on  the  days 
fixed  for  registration  can  vote  on  election  day. — Id.  No  elector  can  lose  his 
right  to  vote,  the  highest  exercise  of  the  freeman's  will,  except  by  his  own 
fault  or  negligence. — Id.  In  order  to  prevent  fraud  at  the  ballot  box,  it  is 
proper  and  legal  that  all  needful  rules  and  regulations  be  made  to  that  end  ; 
but  it  is  not  necessary  that  such  rules  and  regulations  shall  be  so  unreason- 
able and  restrictive  as  to  exclude  a  large  number  of  legal  voters  from  exer- 
cising their  franchise.  The  power  of  the  legislature  in  such  cases  is  limited 
to  laws,  regulating  the  enjoyment  of  the  right,  by  facilitating  its  lawful 
exercise,  and  by  preventing  its  abuse.  The  right  to  vote  must  not  be  im- 
paired by  the  regulation.  It  must  be  regulation,  not  destruction. — Id. 


REGISTRATION    IN   TOWNSHIPS. 

(64)  §  3544.     SEC.  9.     It  shall  be  the  duty  of  the  board 

of  registration  in  each  township,  to  wit :  The  supervisor,  who  to  constl- 
treasurer  and  clerk  thereof,  and  in  case  of  the  absence  of  ll 
any  of  them,  or  his  inability  to  serve,  the  justice  of  the  peace 
not  holding  the  office  of  supervisor  or  town  clerk,  whose  term 
of  office  will  first  expire,  to  provide,  at  the  expense  of  the 
township,  the  like  book  for  their  township  for  the  purposes  of 
the  like  registration  of  the  qualified  electors  thereof,  to  be 
arranged  in  the  same  manner,  save  that  in  cases  where  the 
elector  does  not  reside  within  the  limits  of  an  incorporated 
village,  a  description  of  his  residence  may  be  omitted ;  but 
in  case  he  resides  within  such  limits  and  in  the  township,  a 
description  of  his  residence  by  the  street,  and  the  number  of 
the  dwelling,  or  other  brief  but  intelligible  method;  and  the 
names  of  such  resident  electors  of  the  village,  shall  be  written  ' 
in  said  register  in  a  list  separate  and  distinct  from  those  of 
other  electors  of  the  township,  so  as  to  exhibit  a  correct  reg- 
istration for  the  village;  which  list  shall  be  called  the  village 
election  register. 

QUALIFIED  ELECTORS  :  See  section  31  and  notes  thereto.  When  a  per- 
son is  registered  in  a  ward  or  precinct,  he  is  presumed  to  be  a  legal  voter 
there. — Harbaugh  v.  Cicott,  33  /  250. 

REGISTRATION   IN   TOWNSHIPS   IN   1859. 

(65)  §  3545.     SEC.  10.     At  the  annual    meeting  of  each 
township,  on  the  first  Monday  of  April,  in  the  year  one  thou-  tiona 
sand   eight   hundred   and   fifty-nine,   the   township   treasurer 
shall,  at  a  place  as  near  as  practicable  to  that  of  the  meeting, 
and  of  convenient  access  to  the  electors,  have  said  book  or 
register  in  readiness  for  the  entry  of  their  names,  and  each 
qualified  elector  residing  in  the  township  may  then  write  his 
name  at  length  in  the  proper  place  in  said  register,  if  able 
and  willing  to  do  so,  or  the  treasurer  shall,  upon  request  made 

in  his  presence  by  the  elector,  personally,  write  the  name -of 
such  elector  in  its  proper  place.    And  in  all  cases  under  this  Board  to  have 
act  the  board,  or  the  members  thereof,  receiving  or  making  sfipSpoS  ifst?S 
4 


26 


STATE  OF  MICHIGAN. 


Supervisors  to 
register  names 
while  making 
assessment. 


Register  to  be 
deposited  with 
township 
clerk. 


Registration 
after  1859, 
how  made. 


the  entry  of  a  name,  shall  note  or  cause  to  be  noted  the 
day  and  year  thereof.  During  such  township  meeting,  and 
during  all  future  sessions  of  the  board,  the  township  poll  list 
of  the  next  preceding  general  election  or  township  meeting, 
shall  be  before  him  or  them  for  their  better  information  in 
making  the  registration,  to  be  returned  to  the  clerk  at  the 
close  of  the  meeting  or  the  session.  The  supervisor  or  otfoer 
person  or  persons  charged  by  law  with  the  assessment  of 
property  in  the  township  for  the  purpose  of  State  taxation, 
shall,  while  making  such  assessment,  and  in  connection  with 
the  performance  of  that  duty,  in  the  year  one  thousand  eight 
hundred  and  fifty-nine,  have  with  him  the  said  register,  and 
shall  allow  each  qualified  elector  residing  in  the  township 
whose  name  has  not  been  entered  therein,  to  write  the  same, 
or  shall  himself,  at  the  like  personal  request  of  the  elector, 
write  the  same  therein  at  the  proper  place,  and  shall,  after 
completing  his  valuation  of  property,  and  on  or  before  the 
first  day  fixed  by  law  for  reviewing  his  assessment,  deposit 
said  register  with  the  township  clerk,  who  shail  carefully 
keep  and  preserve  the  same  in  his  office. 

(66)  §  3546.  SEC.  11.  After  the  year  one  thousand 
eight  hundred  and  fifty-nine,  it  shall  be  the  right  of  any  such 
qualified  elector  residing  in  the  township,  and  entitled  to 
vote  at  the  next  election  therein,  and  whose  name  has  not 
been  registered,  on  any  day  except  Sunday,  the  days  of  the 
session  of  the  board  of  registration,  and  the  days  intervening 
between  them  and  the  next  approaching  election,  to 'apply  to 
the  supervisor,  township  treasurer,  or  township  clerk,  in  per- 
son, for  the  registration  of  his  name,  and  if,  upon  such  ex- 
amination, as  is  required  by  the  next  following  section  of  this 
act,  the  supervisor,  treasurer  or  clerk  shall  be  satisfied  that 
such  applicant  is  a  resident  of  the  township,  and  otherwise 
qualified  and  entitled  to  vote  in  such  township  at  the  next 
election  to  be  held  therein,  the  name  of  such  applicant  shall  be 
written,  either  by  himself  or  by  the  supervisor,  treasurer  or 
clerk,  upon  a  separate  paper  to  be  kept  by  the  supervisor, 
treasurer  or  clerk,  his  residence  described,  and  the  date  of  the 
entry  noted,  as  required  in  the  two  last  preceding  sections, 
which  paper  shall  be  laid  before  the  board  of  registration  of 
each  township,  at  its  next  meeting  for  examination  and  re- 
view, and  the  names  of  such  persons  appearing  thereon  as  the 
board  shall  be  of  opinion  are  qualified  electors  at  the  then 
next  election,  and  entitled  to  vote  thereat,  may,  by  some  mem- 
ber of  the  board,  and  under  their  direction,  be  entered  in  a 
proper  register,  in  the  manner  above  set  forth,  and  every 
applicant  to  the  supervisor,  treasurer  or  clerk,  so  causing  his 
name  to  be  entered  upon  such  separate  paper,  knowing  or 
having  good  reason  to  believe  himself  not  to  be  such  resident 
and  qualified  to  vote  in  such  township  at  the  then  next  elec- 
tion, shall,  upon  conviction  thereof,  be  punished  by  fine  and 


Penalty  for 

fraudulent 

registration. 


ELECTION  LAWS.  27 


imprisonment,  as  provided  in  the  thirteenth  section  of  this 
act. 

REGISTRATION   IN  TOWNSHIPS  AFTER   1859. 

(67)  §  3547.     SEC.  12.     On  the  Saturday  next  preceding  sessions  of 
the  general  election,  and  the  annual  township  meeting,  and  Jetton? 
preceding  any  special  election,  after  the  year  one  ^thousand  held- 
eight  hundred  and  fifty-nine,  the  board  of  registration  of  each 
township  shall  be  in  session  at  the  office  of  the  township 

clerk,  from  nine  o'clock  in  the  forenoon  until  five  o'clock  in 
the  afternoon,  for  the  purpose  of  completing  the  list  of  quali- 
fied electors;  during  which  session  it  shall  be  the  right  of 
each  and  every  person  who,  at  the  next  approaching  election 
or  township  meeting,  may  be  a  qualified  elector  and  entitled 
to  vote  thereat,  and  whose  name  is  not  already  registered,  to 
have  his  name  duly  entered  on  such  register,  which  shall  be 
done  in  the  manner  above  set  forth.  The  board  shall  have  Their  powers 
the  power,  and  it  shall  be  their  duty,  and  the  duty  of  the  ar 
clerk,  and  of  the  supervisors  individually,  when  acting  under 
this  statute,  to  question  every  person  presenting  himself  for 
registration,  touching  his  residence,  and  his  other  qualifica- 
tions as  an  elector  of  the  township,  and  it  shall  be  the  duty 
of  the  applicant  to  make  truthful  answers  to  all  such  ques- 
tions. And  the  board,  supervisor,  clerk  or  treasurer,  as  the 
case  may  be,  may,  for  the  more  perfect  examination  of  the 
applicant,  swear  and  employ  an  interpreter,  truly  and  im- 
partiallv  to  interpret  such  questions  and  "answers.  And  if  Penalty  for 

.    ,  false  state- 
any  such  applicant  shall,  in  his  answers,  make  any  material  ment. 

statement  which  is  false,  he  shall,  upon  conviction  thereof, 
pay  a  fine  of  not  more  than  one  hundred  dollars  nor  less 
than  five  dollars,  and  be  imprisoned  in  the  county  jail  not 
more  than  thirty  nor  less  lhan  five  days. 

See   People  v.   Bd.   of  Registration,   17  /  428  ;   People  v.   Bd.   of   Registration, 
15  /  156. 

(68)  §  3548.     SEC.  13.     The  name  of   no   person    but   an  who  not  en- 
actual  resident  of  the  township  at  the  date  of  the  registration,  S2tion.°  r 
and  entitled,  under  the  constitution,  if  remaining  such  resi- 
dent, to  vote  at  the  then  next  election  or  township  meeting, 

shall  be  entered  in  the  register.  Neither  the  board,  nor  any 
member  thereof,  shall  write  or  enter  therein  the  name  of  any 
person,  nor  suffer  him  to  write  or  enter  his  name  therein, 
whom  they  know  or  have  good  reason  to  believe  not  to  be 
such  resident  ajid  so  qualified ;  nor  shall  any  person,  knowing 
or  having  good  reason  to  believe  himself  not  to  be  such  resi- 
dent and  so  qualified,  write  his  name  therein;  and  every  per-  Penalty 
son  so  offending  shall,  upon  conviction,  pay  for  each  offense 
a  fine  of  not  more  than  five  hundred  nor  less  than  twenty- 
five  dollars,  and  be  imprisoned  in  the  county  jail  not  more 
than  three  months  nor  less  than  ten  days. 

QUALIFIED  ELECTORS  :     See  section  31  and  notes  thereto. 
RESIDENCE  :      See   note  to   section   59. 


28 


STATE  OF  MICHIGAN. 


Township 
clerk  to  deliver 
register  to  in- 
"spectors  on 
day  of  elec- 
tion. 


Names  may  be 
registered  on 
election  day. 


Conditions  of 
such  registra- 
tion. 


Penalty. 


Vote  may  be 
challenged. 


(69)  §  3549.     SEC.  14.     At    such    election    or    township 
meeting,  and  as  soon,  at  least,  as  the  poll  is  opened,  the  town- 
ship clerk  shall  cause  the  register  to  be  placed  in  the  hands 
of  the  inspectors  of  the  «3lection,  to  be  used  by  them  during 
the  election,  and  to  be  returned  to  the  clerk  immediately  there- 
after; and  they  shall  not  receive  the  vote  of  any  person  whose 
name  is  not  written  therein.     But  in  case  any  person  shall 
offer  ancP  claim  the  right  to  vote  whose  name  is  not  so  regis- 
tered, his  name  may  then  be  registered  by  the  clerk,  under 
the  direction  of  the  inspectors,  upon  the  terms  and  conditions 
following:    One  of  the  inspectors  shall  administer  to  him  an 
oath  in  the  following  form,  viz. :    You  do  solemnly  swear  that 
you  will  true  answers  make  to  such  questions  as  shall  be 
asked  you  touching  your  qualifications  as  an  elector  at  this 
poll,  so  help  you  God;  or  an  affirmation  to  the  same  effect, 
which  oath  or  affirmation,  if  he  be  unable  to  understand  the 
English  language,  may  be  interpreted  to  him  by  an  inspector, 
or  interpreter  sworn  by  an  inspector,  which  interpreter  shall 
also  interpret  his  answers  to  the  inspectors.  If,  in  his  answers 
on  oath,  he  shall  state  positively  that  he  has  resided  in  the 
township  ten  days  next  preceding  said  election,  designating, 
particularly,  the  place  of  his  residence,  and  that  he  possesses 
the  other  qualifications  of  an  elector  under  the  constitution, 
stating   such    qualifications;    and   shall,    furthermore,    swear 
that,  owing  to  the  sickness  or  bodily  infirmity  of  himself,  or  of 
some  near  relative  residing  in  the  same  household  (giving  the 
name  of  said   relative),   or  owing  to  his  absence  from  the 
township  on  public  or  official  business,  or  his  own  business, 
and  without  intent  to  avoid  or  delay  his  registration,  during 
the  then  last  session  of  the  board,  he  has  been  prevented  from 
causing  his  name  to  be  previously  registered;  and  if,  further- 
more, some  qualified  elector  of  the  township,  and  not  a  candi- 
date for  any  office  at  that  election,  shall  take  an  oath  before 
said  inspectors,  which  oath  any  one  of  them  may  administer, 
that  he  is  well  acquainted  with  such  applicant,  that  he  has 
in  fact  resided  in  the  township  ten  days  previous  to  such 
election,  and  that  he,  the  freeholder   [qualified  elector],  has 
good  reason  to  believe,  :ind  does  believe,  that  all  the  state- 
ments  of   such   applicant   are  true,   the   inspectors   may,   in 
their  discretion,  direct  the  clerk  to  register  his  name  in  the 
proper  place,  with  the  proper  date;  and  if  such  applicant  or 
such  qualified  elector  shall,  in  said  matter,  wilfully  make  any 
false  statement,  he  shall  be  deemed  guilty  of  perjury,  and, 
on  conviction,  be  subject  to  the  pains  and  penalties  thereof. 

TEN   DAYS  :      Now  twenty.      See  section  31. 

REGISTRATION  ON  ELECTION  DAY  :  Where  a  person  applies  for  regis- 
tration on  election  day,  the  inspectors  act  upon  discretion  and  are  not  com- 
pelled to  admit  a  vote,  unless  satisfied  of  its  legality.  (Per  Campbell,  J.)  — 
People  v.  Cicott,  16  /  302.  If  an  elector  is  unable  to  attend  the  meetings 
of  the  board  for  certain  specified  reasons,  he  may  be  registered  on  election 
day  upon  taking  the  prescribed  oath. — Att'y  Gen.  v.  McQuade,  94/441. 

(70)  §  3550.     SEC.  15.     Any  person  offering    to    vote    at 
any  such  election,  in  a  city,  township  or  village,  whose  name 


ELECTION  LAWS.  29 


is  not  written  in  the  proper  register,  may  be  objected  to, 
and  his  vote  challenged  for  that  cause  by  any  elector  present 
and  entitled  to  vote  at  that  poll ;  and  on  such  challenge  being 
made,  the  inspectors  shall,  if  on  inspection  they  find  his  name 
not  so  written  in  the  proper  register,  refuse  the  vote.  But 
nothing  in  this  act  contained  shall  be  held  or  construed  in 
any  way  to  affect  or  impair  the  right  of  any  inspector  or 
elector  to  challenge  any  person  offering  to  vote,  nor  the  effect 
of  such  challenge,  as  now  established  by  law,  or  as  such  right 
and  such  effect  may  hereafter  be  established:  Provided,  how-  Proviso, 
ever.  That  the  vote  of  no  person  shall  be  received  whose  name 
is  not  so  registered. 

(71)  §  3551.     SEC.  16.     Any    person    knowing    that    his  Penalty  for  u- 
name  is  not  so  registered,  who  shall  vote  or  offer  to  vote  at  egal 

any  such  election,  either  in  a  city  or  township,  and  every  in- 
spector knowing  such  name  not  to  be  so  registered,  wilfully 
and  corruptly  consenting  to  receive  such  vote,  shall,  if  the 
vote  be  received  by  reason  of  such  consent,  be,  for  every  such 
offense,  punished  as  above  provided  in  section  thirteen  of  this 
act;  and  on  the  trial  of  the  person  so  voting  or  offering  to 
vote,  the  presumption  shall  be  that  he  knew  his  name  was 
not  so  registered. 

(72)  §  3552.     SEC.  17.     The  name  of  no  person  shall  be  Actual  wd- 
registered  in  any  township  or  ward  where  he  does  not  actually  tionCofaregis-  " 
reside  at  the  time  of  the  registration ;  and  every  person  who  tratlon- 
shall  wilfully  register,  or  cause  or  procure,  by  enticements  or 

other  means,  the  name  of  any  person  to  be  registered  con- 
trary to  the  provisions  of  this  act,'  shall,  upon  conviction  of  Penalty, 
any  such  offense,  be  also  punished  as  above  provided  in  sec- 
tion thirteen  of  this  act. 


DEATH    AND    REMOVAL    OF   ELECTORS. 

(73)     §  3561.     SEC.  18.    At  every  session  of  the  board  of  Boaxd^to  re- 
registration  of  any  township  or  ward,  after  the  year  one  thou-  correcAists. 
sand  eight  hundred  and  fifty-nine,  it  shall  be  their  duty  to 
review  the  list  of  names  in  their  register,  and  if  it  shall  have 
come  to  their  knowledge  that  any  person,  whose  name  has  been 
registered,  has  died,  or  has  removed  therefrom,  and  ceased 
to  reside  therein,  they  shall  place  the  letter  "D"  against  the 
name  of  the  deceased  person,  and  the  letter  "R"  against  the 
name  of  the  person  who  has  so  removed,  with  the  date  of  the 
entry     and     the     initials     of     the     member     making     it, 
so  as  to  show  by  whom  and  when  made,  and  thereafter  such 
name  shall  be  considered  and  treated  as  no  longer  on  the  list, 
and  shall  be  omitted  in  the  copies  above  provided  for.     But  Provisions  for 
if  it  shall  happen  that  such  entry  was  erroneously  made,  and 
such  person  shall  thereafter  appear  at  any  election  and  claim 
the  right  to  vote  thereat,  his  name  may,  on  his  application, 
be  again  registered  but  upon  the  following  terms :  He  shall,  conditions, 
upon  his  oath  or  affirmation,  which  any  member  of  the  board 


30 


STATE  OF  MICHIGAN. 


Penalty. 


Penalty  for 
false  entry. 


Copy  of  regis- 
ter furnished 
by  township 
clerk. 


of  inspectors  or  the  board  of  registration  may  administer,  de- 
clare that  he  has  not  removed  from,  but  is  still  a  resident  of 
the  township  or  ward,  and  is  otherwise  a  qualified  elector  and 
entitled  to  vote;  and  on  making  such  oath  or  affirmation,  his 
name  may  be  registered  in  the  manner  above  described,  either 
by  the  board  of  registration  or  the  board  of  inspectors;  and 
if  such  applicant  shall  swear  or  affirm  falsely,  he  shall  be  sub- 
ject to  the  pains  and  penalties  of  perjury.  But  in  case  such 
entry  shall  be  made  falsely,  maliciously  and  without  credible 
information,  the  member  of  the  board  making  it  shall  be 
deemed  guilty  of  a  misdemeanor,  and  punished  as  such,  and 
the  party  aggrieved  shall  be  entitled  to  recover  of  him  in  an 
action  on  the  case,  treble  damages  for  the  injury,  and  treble 
costs  of  suit  in  any  court  having  jurisdiction  of  the  cause, 
and  the  record  of  the  defendant's  conviction  of  the  criminal 
offense,  duly  authenticated,  shall  be  prima  facie  evidence  of 
his  liabilitv. 

(74.)  f  3562.  SEC.  19.  It  shall  be  the  duty  of  any  city 
or  township  clerk,  except  during  the  session  of  the  board,  or 
on  days  of  election,  on  the  demand  of  any  qualified  elector 
of  the  ward  in  such  city,  or  of  such  township,  on  payment  or 
tender  of  his  legal  fees,  to  make  out,  certify,  and  at  his  office 
deliver  to  such  elector  a  true  copy  of  the  contents  of  the 
register  of  election  of  such  ward  or  township,  for  which  he 
shall  be  entitled  to  receive  at  the  rate  of  fifty  cents  for  every 
one  hundred  names. 

(75)  §  3563.     SEC.  20.     Whoever  shall  wilfully  cut,  burn, 
mutilate  or   destroy  any  such  register  of  electors,   or  copy 
thereof  filed  for  preservation,  or  ghall  unlawfully  take  and 
carry  away   the  same,   or  unlawfully   conceal  or  refuse   or 
neglect  to  surrender  the  same,  with  intent  to  prevent  its  being 
used  as  authorized  by  law,  shall  be  deemed  guilty  of  larceny ; 
and  whoever  shall  falsify  any  such  register  or  copy  by  unlaw- 
fully erasing  or  obliterating  any  name  or  entry  lawfully  made 
Therein,  or  by  unlawfully  inserting  therein  any  name,  note,  or 
memorandum,  with  intent  thereby  to  influence  or  affect  the 
result  of  any  election,  or  to  defraud  any  person  of  an  election 
to  office,  shall  be  deemed  guilty  of  forgery;  and  the  person 
so   offending  shall,   for  every  such   offense,  be  punished   by 
imprisonment  in  the  State  Prison  not  more  than  five  years,  or 
by  fine  not  exceeding  five  hundred  dollars  and  imprisonment 
in  the  county  jail  not  more  than  one  year  nor  less  than  ninety 
days. 

(76)  §  3564.     SEC.  21.     To  the  end  that  the  contents  of 
such  registers  may  not  be  lost,  it  shall  be  the  duty  of  every 
township  clerk,  within  twenty  days  after  each  general  elec- 
tion, to  make,  certify,  and  transmit  to  the  county  clerk  of  the 
proper  county,  and   also  to  the  township  treasurer,  a  true 
copy  of  such  contents,  to  be  by  such  county  clerk  and  town- 
ship treasurer  filed  and  preserved  in  his  office;  for  which, 
when  received,  he  shall  give  such  township  clerk  a  receipt; 


Destroyer, 
etc.,  of  regis- 
ter, guilty  of 
larceny. 


Falsifier, 
etc.,  of  regis- 
ter, guilty  of 
forgery. 


Penalty. 


Township 
clerk  to  file 
copies  of  regis- 
ter with 
county  clerk 
and  township 
treasurer. 


ELECTION  LAWS.  31 


and  such  township  clerk  shall  be  entitled  to  receive  therefor,  Fees. 

from  the  township,  at  the  rate  of  fifty  cents  for  every  one 

hundred  names.     And  such  copv,  or  a  copy  thereof,  certified  certified  copy 

,      ,  Vv  .          to  be  evidence. 

by  the  county  clerk  or  township  treasurer,  shall  be  prima 
facie  evidence  of  the  contents  of  the  original,  and  in  case  of 
the^  loss  or  destruction  of  the  original,  shall  be  used  in  its 
stead. 


VILLAGE  ELECTIONS. 

(77)  §  3565.  SEC.  22.  Whenever  any  village  shall  be 
set  off,  organized,  or  incorporated,  by  act  of  the  legislature, 
or  by  the  board  of  supervisors  of  any  county,  pursuant  to 
the  laws  of  this  State,  it  shall  be  the  duty  of  the  persons 
named  or  appointed  to  act  as  inspectors  of  the  first  election 
to  be  held  in  such  village,  to  procure  from  the  clerk  of  the 
township  or  of  the  townships  respectively,  within  which  such 
village  may  wholly  or  in  part  lie;  and  it  is  hereby  made  the  Duty  of  town- 
duty  of  the  township  clerk  to  furnish  to  them,  at  the  expense  shlp  clerkt 
of  such  village,  from  the  register  of  the  electors  of  the  town- 
ship or  townships  within  which  such  village  is  situated,  a 
true  copy  of  the  names  of  all  the  electors  residing  within  the 
limits  of  such  village,  contained  upon  the  registration  books 
of  such  township  or  townships,  for  a  village  election  register 
for  such  first  ejection,  surh  copy  or  list  to  be  certified  to  by 
the  clerk  of  the  township,  and  to  be  delivered  to  the  said  in- 
spectors of  election  appointed  for  such  village,  to  be  used  for 
the  purpose  of  such  first  village  election,  in  the  same  manner 
and  to  the  same  effect  as  is  above  provided  for  the  general 
election  and  township  meetings  in  townships,  as  near  as  may 
be ;  and  there  are  hereby  given  to  the  inspectors  of  any  such  inspectors  of 
village  election,  the  same  power  and  authority,  and  to  appli-  appucanfffor 
cants  for  registration  the  same  rights  and  privileges,  which  registration. 
are  given  to  township  inspectors,  and  to  applicants  at  town- 
ship elections  respectively,  at  such  elections;  and  such  in- 
spectors and  applicants,  and  other  persons  mentioned  in  the 
foregoing  provisions  regulating  elections  in  townships,  are 
charged  with  the  same  duties,  and  subject  to  the  same  penal- 
ties and  liabilities  as  are  provided  in  like  cases  at  such  elec- 
tions in  townships;  and  the  vote  of  no  person  shall  be  re- 
ceived at  such  election  whose  name  is  not  written  in  such 
register,  or  in  the  copy  thereof  used  by  the  inspectors  of  such 
first  election.  Such  copy  of  the  township  election  register  when  copies 
for  the  use  of  such  village  election,  shall  be  furnished  at  least  Sed.e 
ten  days  previous  to  the  time  fixed  for  holding  such  first  vil- 
lage election,  on  the  application  of  the  persons  named  as  such 
inspectors,  or  either  of  them ;  and  if  no  persons  are  named  as 
such  inspectors,  upon  the  written  request  of  any  three  quali- 
fied electors  in  said  village,  to  be  delivered  to  the  proper  in- 
spectors when  appointed  and  chosen,  and  to  be  used  as  above 


32 


STATE  OF  MICHIGAN. 


Duty,  etc.,  of 
president,  and 
trustees. 


Voting  under 

assumed 

name. 


Penalty. 


What  courts 
to  have  juris- 
diction, etc. 


Violation  of 
duty  a  mis- 
demeanor. 


Duties  of  cir- 
cuit and  dis- 
trict qourts 
and  prosecu- 
ting attorney. 


specified  and  provided.  It  shall  be  the  duty  of  the  president 
and  trustees  of  every  village,  after  the  same  shall  be  fully 
organized,  to  conduct  the  registration  of  electors  in  such  vil- 
lage for  village  elections,  and  for  such  purpose  shall  give  at 
least  ten  days'  notice,  by  publication  in  a  public  newspaper, 
or  by  posting  notices  in  not  less  than  six  public  places  in 
said  village,  of  the  annual  meeting  of  the  village  board  of 
registration  for  such  village;  and  on  the  Saturday  next  pre- 
ceding the  time  specified  for  holding  the  annual  village  elec- 
tion, the  president  and  trustees,  or  three  of  their  number, 
shall  meet  as  a  board  of  registration  for  such  village ;  and  all 
the  proceedings  of  such  board  shall  be  conducted,  and  the 
board  shall  possess  and  exercise  the  same  duties  and  powers, 
and  be  subject  to  the  same  liabilities,  and  the  electors  shall 
be  entitled  to  all  the  rights  and  privileges,  in  making  such 
registration,  as  provided  herein  for  registration  in  townships, 
as  nearly  as  the  same  can  be  made  applicable  to  such  registra- 
tion and  election. 

(78)  §  3566.  SEC.  23.  If  any  person,  falsely  personat- 
ing any  qualified  elector,  whose  name  is  registered,  shall,  at 
any  election,  vote  or  offer  to  vote  in  the  name  of  such  elector, 
or  if  any  person  shall  knowingly  encourage  or  persuade  any 
such  person  to  vote  or  offer  to  vote,  or  if  any  person,  assum- 
ing a  false  or  fictitious  name  shall  vote  or  offer  to  vote  by 
that  name,  or  shall  enter  or  cause  to  be  entered  upon  the 
register  as  his  own  &  false  name,  the  person  so  offending 
shall,  for  every  such  offense,  be  punished  as  above  provided 
in  section  twelve  of  this  act. 

(79.)  §  3567.  SEC.  24.  The  recorder's  court  in  the  city 
of  Detroit  shall  have  cognizance*  and  jurisdiction  of  all  of- 
fenses under  this  act,  committed  within  the  limits  of  said 
city,  and  the  offender  may  in  all  cases  be  there  proceeded 
against  by  information,  as  provided  by  the  charter  of  said 
city  or  any  other  statute  applicable  thereto.  In  all  other 
cases  the  circuit  or  district  court  for  the  proper  county  shall 
have  cognizance  of  such  offenses  committed  within  the 
county ;  and  in  cases  where  the  punishment  is  by  such  fine  or 
such  imprisonment,  one  or  both,  as  the  justice's  court  may 
impose,  the  proper  justice's  court  shall  have  cognizance  and 
jurisdiction  thereof. 

(80)  §  3568.  SEC.  25.  Any  willful  violation  of  duty  by 
any  person  charged  with*  the  execution  of  this  act  or  any  pro- 
vision thereof  not  herein  particularly  provided  for,  shall  be 
deemed  a  misdemeanor,  and  the  person  guilty  thereof  shall 
be  punished  accordingly.  And  it  is  hereby  made  the  duty  of 
every  circuit  and  district  court,  in  its  charge  to  the  grand 
jury,  to  call  their  special  attention  to  the  necessity  of  making 
diligent  and  careful  inquiry  touching  offenses  arising  under 
this  act;  and  also  the  duty  of  every  prosecuting  attorney, 
whenever  he  shall  receive  credible  information  that  any  such 
offense  has  been  committed,  to  cause  the  same  to  be  prose- 
cuted. 


ELECTION  LAWS.  33 


(81)  §  3569.     SEC.  26.     It  shall- be  the  duty  of  every  city  city  and  town- 
clerk  and  township  clerk,  annually  in  the  month  of  Novem-  ^oruo^ecre- 
ber,  to  forward  by  mail  to  the  Secretary  of  State  of  this  tary of  state- 
State,  at  the  seat  of  government,  the  aggregate  number  of 

names  not  marked  with  the  letter  "D"  or  "R,"  appearing  in 

the  register  for  such  city  or  township,  omitting  the  names. 

And  the  Secretary  of  State  is  hereby  required  to  keep  a  record  Duty  of  secre- 

thereof  in  such  manner  as  to  show  the  number  of  votes  in  tary  ° 

such  city  and  township,  arranged  in  alphabetical  order,  in 

a  book  to  be  kept  for  that  purpose.     And  he  shall,  within 

twenty  days  from  the  approval  of  this  act  by  the  governor, 

cause  a  printed  copy  of  the  same  to  be  forwarded  by  mail  to 

every  such  city  and  township  clerk  in  the  State. 

(82)  §  3570.     SEC.  27.     Each  member  of  a  city  board  of  Compensation, 
registration,  while  acting  under  this  act,  shall  be  entitled  to 

receive  two  dollars  a  day  for  every  day  he  shall  actually  serve 
in  performing  his  duties,  to  be  paid  by  the  city.  And  each 
member  of  a  township  board  shall  receive  the  same  compensa- 
tion as  now  provided  for  inspectors  of  elections. 

(83)  §  3571.     SEC.  28.    Each  member  of  a  board  of  reg-  oath, 
istration  shall,  before  he  enters  upon  the  discharge  of  his 
duties  under  this  act,  make  and  subscribe  the  oath  of  office 
contained  in  the  first  section  of  article  eight  of  the  constitu- 
tion. 

FORM  OP  OATH  :     Evidently  means  form  specified  in  section  I,  art.  18  of 
constitution,   see  section  50  of  this  compilation. 

(84)  §  3572.     SEC.  29.     Every  register  shall   be    of   good  Registers,  in 
paper,  well  bound,  and  arranged^alphabetically  in  the  follow- 

ing  form,  as  near  as  practicable: 


DATE. 

NAME. 

RESIDENCE. 

REMARKS. 

REGISTRATION  IX  WAYNE  COUNTY. 

(85)  §  3579.  SEC.  36.  The  boards  of  registration  in  Time  for  meet- 
each  township,  village,  or  city,  respectively,  in  the  county  of  wlynebcS,  ir 
Wayne,  outside  of  the  city  of  Detroit,  shall  cause  a  session 
of  the  said  respective  boards  to  be  held  on  the  first  Monday 
in  October,  in  the  year  eighteen  hundred  and  seventy-two,  and 
on  the  first  Monday  in  October  in  every  fourth  year  there- 
after, for  the  purpose  of  making  a  re-registration  of  the 
qualified  electors  of  each  town,  village,  city,  ward  or  election 
district  therein.  The  said  several  respective  boards  shall  be 
in  session  on  the  first  Monday  in  October,  aforesaid,  and  for 
not  less  than  three  nor  more  than  six  days  thereafter,  from 
nine  o'clock  in  the  morning  to  one  o'clock  in  the  afternoon, 
and  from  two  o'clock  to  five  o'clock  in  the  afternoon,  and 
shall  be  provided  with  the  proper  blank  books  for  registering 
the  names  of  voters  of  the  form  heretofore  used,  and  shall 
5 


34 


STATE  OF  MICHIGAN. 


have  the  same  powers,  and  perform  the  same  duties  as  are 
conferred  upon  or  required  of  boards  of  registration  under 
the  act  aforesaid  and  the  acts  amendatory  thereto,  and  the 
same  rules  and  requirements  shall  be  observed  in  such  re-regis- 
tration, in  all  respects,  as  were  required  in  the  original  reg- 
istration under  said  act.  When  such  registration  shall  be 
completed,  the  former  registry  of  electors  in  such  townships, 
cities,  villages,  or  election  districts  shall  henceforth  be  deemed 
invalid,  and  shall  not  be  used  at  the  ensuing  elections,  and  no 
person  shall  vote  at  any  public  election  in  said  towns,  cities, 
or  villages,  after  such  re-registration,  whose  name  shall  not 
be  registered  anew  under  the  provisions  of  this  section,  or  be 
afterwards  properly  entered  on  such  new  registry  according 
to  the  provisions  of  said  act.  The  provisions  concerning  a  re- 
registration  in  the  city  of  Detroit  shall  apply  to  the  afore- 
said cities  as  far  as  the  same  may  be  adapted  thereto. 


When  former 
registry  shall 
be  deemed 
invalid. 


Registration  in  Detroit  City,  see  sections  3573-8,  3580-81,  C.  L.,  1897. 


REGISTRATION  IN  NEW  TOWNSHIPS. 


Meeting  of 
board. 


An  Act  to  provide  for  the  registration  of  electors  in  new  townships. 
[Act  4,  S.  L.  1869.] 

The  People  of  the  State  of  Michigan  enact: 

inspectors  of        (86)     §  3553.     SECTION  1.     That  the  persons  named  in  the 

constitute0 a      act   erecting   any   new   township,   as   inspectors   of  election, 

istratum  reg    whether  passed  by  the  legislature  of  this  State,  or  the  board 

of  supervisors  of  the  proper  county,  shall  constitute  a  board 

of  registration  for  such  new  township,  until  such  officers  are 

elected  and  qualified  as  provided  by  law. 

(87)  §  3554.     SEC.  2.     Such  inspectors  shall  meet  in  the 
capacity  of  such  board  of  registration,  on  the  Saturday  next 
preceding  the  first  township  meeting  in  such  new  township,, 
at  the  place  mentioned  in  the  act  providing  for  the  organiza- 

Act  of  1859  to  tion  thereof,  for  holding  such  first   township  meeting,  and 
on'  shall  be  governed,  in  all  respects,  by  the  provisions  of  act 
number  177,  of  session  laws  of  1859,  which  pertain  to  registra- 
tion of  electors  in  townships,  as  far  as  the  same  are  applica- 
ble, except  as  is  hereinafter  provided. 

The  act  referred  to  above  precedes  this  act,  see  especially  sections  64-72. 

(88)  §  3555.     SEC.  3.     The  name  of  any  person  may  be 
registered  at  such  first  township  meeting,  who  shall  make 
due  proof,  by  his  own  oath,  before  the  board  of  inspectors  of 
such  meeting,  that  he  is  possessed  of  the  qualifications  of  an 
elector  in  such  new  township,  under  existing  laws,  other  than 
that  requiring  registration. 


Who  may 
register. 


ELECTION  LAWS.  35 


(89)  §  3556.     SEC.  4.     The    members    of    such    board    of  Election  of 
registration  hereby  created,  shall  elect  one  of  their  number  cierkman  and 
chairman,   and  another  clerk   of   said  board,  who  shall   re-  Powers  and 
spectively  possess  the  same   powers    and   perform   the   same  dl 
duties  which  belong  to  and  devolve  upon  the  supervisor  and 
township  clerk,  while  acting  on  a  board  of  registration  in  an 
organized  township,  as  now  provided  by  law. 

(90)  §  3557.     SEC.  5.     In  case  one  or  more  of  the  per-  ^oar^ifow11 
sons  appointed  as  such  inspectors    of    election    hereinbefore  sued.' 
mentioned  shall,  from  any  cause,  fail  to  appear  at  the  place 
specified  for  the  holding  of  such  first  township  meeting,  to 

form  a  board  of  registration,  as  herein  provided,  such  vacancy 
or  vacancies  on  said  board  shall  be  filled  from  among  the 
electors,  by  a  majority  vote  of  the  electors  present  at  the 
hour  appointed  for  opening  the  session  of  said  board. 

(91)  §  3558.     SEC.  6.     It  shall  be  the  duty  of  such  board  Notice  of 
of  inspectors,  or  the  surviving  member  or  members  thereof,  in  how  given. 
case  of  the  decease  or  removal  of  one  or  more  of  the  same,  to 

give  public  notice  of  such  meeting,  for  the  purpose  aforesaid, 
by  causing  a  written  or  printed  notice,  which  shall  state  the 
object  of  such  meeting,  the  time  when,  and  the  place  where 
the  same  is  to  be  held,  to  be  posted  in  five  of  the  most  public 
places  in  such  new  township  at  least  fifteen  days  previous 
to  the  time  of  holding  said  meeting. 


BOARDS  OF  REGISTRATION  NQT  TO  MEET  NEAR 
CERTAIN  PLACES. 

An  Act  to  prohibit  boards  of  registration  from  holding  sessions  in  or  near 
places  where  intoxicating  liquors  are  sold  or  kept  for  sale,  and  to  pre- 
scribe penalties  for  the  violation  of  the  provisions  of  this  act.  «• 

[Act   23,    P.   A.    1889.] 

The  People  of  the  State  of  Michigan  enact: 

(92)  §  3559.     SECTION  1.     That  it  shall  be  unlawful,  for  Board  of  regis- 
the  board  of  registration  of  any  township,  village  or  city  in  StttTiS?* 
this  State,  or  of  any  election  district  or  voting  precinct  there- 
in, to  meet  or  hold  any  session  for  the  purpose  of  registering 

the  electors  thereof,  in  any  room  or  building  where  intoxi- 
cating liquors  are  sold  or  kept  for  sale,  or  any  room  adjacent 
to  a  room  where  such  liquors  are  sold  or  kept  for  sale,  or  con- 
nected by  hall  or  doorway  with  such  room  or  saloon  where 
intoxicating  liquors  are  sold  or  kept  for  sale. 

(93)  §  3560.     SEC.  2.     Any  person    or    persons   violating  Violation  a 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  m 
misdemeanor,  and  upon  conviction  thereof  be  punished  by  a  Punishment. 
fine  not  less  than  fifty  nor  more  than  two  hundred  dollars 


STATE  OF  MICHIGAN. 


and  the  costs  of  his  prosecution  or  by  imprisonment  in  the 
county  jail  not  less  than  thirty  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 


CHAPTER  III.— GENERAL  AND  SPECIAL  ELECTIONS. 

An  act  to  provide  for  holding  general  and  special  elections. 
[Act  175,   S.  L.  1851.] 

The  People  of  the  State  of  Michigan  enact: 


General  elec- 
tion, when 
held. 


Officers  to  be 
elected. 


Proviso. 


(94)  §  3595.  SECTION  1.  That  a  general  election  shall 
be  held  in  the  several  townships  and  wards  of  this  State,  on 
the  Tuesday  succeeding  the  first  Monday  of  November,  in  the 
year  eighteen  hundred  and  fifty-two,  and  on  the  Tuesday  suc- 
ceeding the  first  Monday  of  November,  every  second  year 
thereafter,  at  which  there  shall  be  elected  so  many  of  the  fol- 
lowing officers  as  are  to  be  chosen  in  such  years  respectively, 
that  is  to  say:  A  governor,  lieutenant  governor,  secretary 
of  state,  state  treasurer,  auditor  general,  attorney  general, 
superintendent  of  public  instruction,  commissioner  of  the 
state  land  office,  members  of  the  state  board  of  education, 
electors  of  president  and  vice  president  of  the  United  States, 
representatives  in  congress,  the  senators  and  representatives 
in  the  state  legislature,  and  the  following  county  officers,  viz. : 
Judges  of  probate,  sheriffs,  clerks,  treasurers,  registers  of 
deeds,  prosecuting  attorneys,  and  such  other  officers  as  may 
by  law  be  required  to  be  elected  at  such  general  election : 
Provided,  The  provisions  of  this  section  shall  not  apply  to  the 
election  of  the  senator  and  representatives  in  the  state  legis- 
lature, nor  to  the  election  of  county  officers,  in  that  portion 
of  the  State  denominated  the  Upper  Peninsula,  as  described 
in  section  one,  article  nineteen,  of  the  revised  constitution, 
and  such  other  territory  as  may  be  attached  thereto  for  elec- 
tion purposes.  On  the  first  Tuesday  of  November,  eighteen 
hundred  and  fifty-one,  there  shall  be  elected  a  governor  and 
lieutenant  governor,  whose  term  of  office  shall  commence  on 
the  first  Monday  of  January,  eighteen  hundred  and  fifty-two, 
and  who  shall  hold  their  respective  offices  until  the  first  day 
of  January,  eighteen  hundred  and  fifty-three,  and  until  their 
successors  are  elected  and  qualified;  which  election  shall  be 
conducted  in  the  manner  provided  by  the  constitution  and 
laws  in  force  on  the  thirty-first  day  of  December,  eighteen 
const.,  sec.  5.  hundred  and  fifty ;  and  the  returns  and  canvass  of  votes  given 
thereon  shall  be  proceeded  and  determined  in  the  same  man- 
ner herein  provided  for  the  same  officers  to  be  elected  at  gen- 
eral biennial  elections. 


Schedule  to 


ELECTION  LAWS.  37 


TOWNSHIPS  :     The  townships  in  which  elections  are  held  must  be  organized 
townships. — People  v.  Maynard,  15  /  468.     Nor  can  the  election  for  a  township 
be  held  within  the  corporate  limits  of  a  city   located  within  such  township. —  " 
People  v.   Knight,   13  /  424. 

GENERAL  ELECTION :  The  term  "general  election"  means  the  biennial 
November  election. — People  v.  Palmer,  91  /  286 ;  Westinghausen  v.  People, 
44  /  268  ;  People  v.  Lord,  9  /  227.  So  far  as  the  election  of  judge  of  probate 
is  concerned  an  election  at  any  other  time  must  be  regarded  as  a  special  elec- 
tion.— People  v.  Palmer,  91  /  286. 

CONDUCT  OF  ELECTIONS  :  Statutory  provisions  prescribing  the  conduct 
of  elections  are  to  be  regarded  as  directory  only,  except  where  they  are  of 
such  a  character  that  a  failure  to  comply  with  them  would  have  the  effect  to 
prevent  or  obstruct  the  complete  expression  of  the  popular  will  or  the  pro- 
duction of  satisfactory  evidence  thereof. — People  v.  Cicott,  16/323  (Cooley, 
J.).  See  People  v.  Sackett,  14/320;  Lindstrom  v.  Canvassers,  94/469.  As 
to  statutory  provisions  requiring  notices  of  elections,  see  People  v.  Witherell, 
11/48;  People  v.  Hartwell,  12/508;  Secord  v.  Foutch,  44/92.  Irregu- 
larities on  the  part  of  election  officers  do  not  necessarily  defeat  the  election, 
but  may  require  it  to  be  subjected  to  rigid  scrutiny. — People  v.  Sackett, 
14  /  320.  An  election  is  not  to  be  set  aside  because  of  an  irregularity,  unless 
it  appears  that  that  irregularity  affected  the  result. — People  v.  Cicott,  16/32* 
(Cooley,  J.I.  Even  where  the  statutory  provisions  disregarded  are  mandatory, 
the  irregularity  does  not  necessarily  defeat  the  election,  if  the  means  exist  of 
determining  the  result. — Id. ;  People  v.  Van  Cleve,  1  /  362  ;  People  v.  Higgins, 
3  /  233  ;  People  v.  Bates,  11  /  362  ;  Keeler  v.  Robertson,  27  /  116.  Illegal 
votes  will  not  be  allowed  to  affect  the  result,  except  where  it  can  be  shown 
for  whom  they  voted. — People  v.  Cicott,  16/283.  As  to  irregular  adjourn- 
ment of  the  election  from  one  place  to  another,  see  Farrington  v.  Turner, 
53  /  27.  As  to  certain  other  irregularities,  see  People  v.  Avery,  102  /  572. 

UPPER  PENINSULA :  The  proviso  was  enacted  when  sec.  6  of  art.  xix 
of  the  constitution  provided  for  elections  in  the  upper  peninsula  on  the  last 
Tuesday  of  September.  But,  as  amended,  that  section  now  makes  no  dis- 
tinction between  the  two  peninsulas  as  to  date  of  election.  After  the  amend- 
ment, act  68  of  1863,  see  sections  436-7  infra,  was  passed,  changing  the  time 
of  election  to  correspond.  Act  40  of  1857  was  entitled  "to  abolish  the  office 
of  district  attorney."  but  provided  for  its  continuance  instead.  But  act  191 
of  1865  finally  abolished  the  office,  and  act  253  of  1865,  see  section  438  infra, 
changed  the  time  for  the  election  of  prosecuting  attorneys,  provided  for  by 
act  40  of  1857,  so  as  to  correspond  with  the  amendment  to  the  constitution. 
That  removed  all  the  differences  between  the  two  peninsulas  relative  to  gen- 
eral elections. 

(95)     §  3596.     SEC.  2.     Special  elections  may  be  held  in  i 
the  following  cases,  and  for  the  election  of  the  following  offi-  f&nsmaybe 
cers,  viz.: 

1.  When  a  vacancy  shall  occur  in  the  office  of  senator  or 
representative  in  the  state  legislature,  representative  in  con- 
gress, judge  of  the  circuit  or  district  court,  regent  of  the  uni- 
versity, or  member  of  the  state  board  of  education; 

2.  When  there  has  been  no  choice  at  a  general  election  of 
representative  in  congress; 

3.  When  the  right  of  office  of  a  person  elected  to  any  of 
the  aforesaid  district  or  county  offices  shall  cease  before  the 
commencement  of  the  term  of  service  for  which  he  shall  have 
been  elected; 

4.  When  a  vacancy  shall  occur  in  either  of  the  said  county 
offices  after  the  commencement  of  the  term  of  service,  and 
more  than  six  months  before  the  next  general  election ; 

5.  WThen,  in  any  other  case  of  a  vacancy  not  particularly 
provided  for  in  this  section,  the  governor  shall,  in  his  discre- 
tion, so  direct. 

SUBDIVISION  3  :  The  death  of  an  officer  elect  before  qualification  and  be- 
fore the  expiration  of  the  term  of  the  incumbent,  creates  no  vacancy  to  be 
filled  by  appointment,  but  the  full  term  must  be  filled  by  special  election  under 
this  subdivision. — Lawrence  v.  Hanley,  84  /  399  ;  People  v.  Lord,  9  /  227. 

•  SUBDIVISION  4:  People  v.  Palmer,  91/286.  Filling  vacancies  in  office  of 
county  clerk. — Const,  vi.  10  ;  section  409.  Register  of  Deeds. — Sections  380, 
400.  County  treasurer. — Section  372.  Sheriff,  coroner  and  coumy  surveyor. 
— Section  409. 


38 


STATE  OF  MICHIGAN. 


whenvacan-        (96)      §  3597.     SEC.  3.     A  vacancy  in  either  of  the  offices 
m!Idmaatygen-     named  in  the  first  section  of  this  act,  which  shall  not  have 
erai  election,    been  supplied  before  a  general  election,  may  be  supplied  at 
such  election. 

This  section  is  merely  permissive. — Secord  v.  Foutch,   44  /  92. 
See  annotations  under  section  103  infra. 

when  special        (97-)     §  3598.     SEC.  4.     No  special  election  shall  be  held 
SfbehSf0*     within  three  months  next  preceding  a  general  election,  ex- 
cept in  cases  where  the  governor  shall  order  a  special  election, 
when  to  be  or-      (98)     §  3599.     SEC.  5.     Special  elections  for  the  choice  of 
of  "up^r^sors!  the  county  officers  named  in  section  one  of  this  act  shall, 
except  in  cases  in  which  a  special  election  is  to  be  ordered,  by 
the  governor,  be  ordered  by  the  board  of  supervisors. 

Lawrence  v.  Hanley,  84  /  404  ;  People  v.   Palmer,  91  /  287. 


To  be  held  one 
day  only. 


Persons  deem- 
ed^elected. 


(99)  §  3600.     SEC.  6.     Special  elections  shall  be  held  and 
continued  one  day  only,  and  shall  be  conducted,  and  the  re- 
sult thereof  canvassed  and  certified  in  all  respects,  as  near 
as  may  be,  in  like  manner  as  general  elections,  except  as  other- 
wise directed. 

(100)  §  3601.     SEC.  7.     In  elections  for  the  choice  of  all 
officers  named  in  the  first  section  of  this  act,  the  persons  hav- 
ing the  greatest  number  of  votes  shall  be  deemed  to  have  been 
duly  elected. 

PLURALITY  ELECTS  :  In  general  elections  in  this  state  we  have  adopted, 
and  constantly  act  upon,  the  principle  that  plurality  elects,  and  whenever,  as, 
in  some  cases,  in  the  board  of  supervisors  and  some  municipal  charters,  a 
majority  of  the  body  voting  is  required,  it  is  especially  stated  in  the  law. — 
Conrad  v.  Stone,  78/639. 

Election  of  (101)     §  3602.     SEC.  8.     Whenever  the  time  fixed  by  the 

Pres&rentfand  law  of  congress  for  the  election  of  electors  of  president  and 

vice  President,  vice  president  of  the  United  States,  shall  not  occur  on  the 

day  appointed  for  holding  the  general  election,  such  election 

for  electors  of  president  and  vice  president  shall  be  held  on 

the  day  so  fixed  by  the  la\v  of  congress  therefor. 

idem.  (102)      §  3603.     SEC.  9.     All  the  provisions   of  law  relat- 

ing to  the  notifying  and  holding  of  the  general  elections,  and 
the  election  of  electors  of  president  and  vice  president  there- 
at, shall  apply  to  every  such  election  held  pursuant  to  the 
provisions  of  the  preceding  section;  and  the  votes  given  for 
such  electors  shall  be  returned  and  canvassed,  and  the  result 
determined  in  the  same  manner  in  all  respects,  and  with  the 
like  effect,  as  in  case  of  the  election  of  such  electors  at  a 
general  election. 


NOTIFICATION    OP    ELECTIONS. 

secretary  of          (103)     §  3604.     SEC.  10.     When  a  vacancy  shall  occur  in 

notice* office-  the  office  of  judge  of  the  supreme  court,  of  judge  of  the  cir- 

va?an?y^n        cuit  court,  regent  of  the  university,  or  member  of  the  state 

board  of  education,  thirty  days  or  more  before  a  general  elec- 


ELECTION  LAWS.  39 


tion,  the  secretary  of  state  shall,  at  least  twenty  days  before 
•such  election,  cause  a  written  notice  to  be  sent  to  the  sheriff 
of  each  of  the  counties  within  the  election  district  in  which 
such  vacancy  may  occur,  which  notice  shall  state  in  which 
office  the  vacancy  occurred,  and  that  such  vacancy  will  be 
supplied  at  the  next  general  election. 

NOTICE  :  The  authorities  are  uniform  that  the  neglect  of  the  secretary  of 
state,  or  of  the  sheriff,  or  of  both  of  them,  to  give  these  notices,  would  not 
invalidate  an  election  of  persons  receiving  the  highest  number  of  votes  for  any 
office  for  which  the  regular  term  was  by  law  to  be  filled  at  a  general  election. 
— Adsit  v.  Sec'y  of  State,  84  /  425  ;  Att'y  Gen.  v.  Canvassers,  64  /  609  ;  Powell 
v.  Com.  Council,  51  / 129  ;  People  v.  Witherell,  14  /  48 ;  People  v.  Hartwell, 
1 2  /  508.  The  notice  required  by  the  statute  in  such  case  is  deemed  directory 
and  not  mandatory.  The  right  and  duty  to  hold  the  election  is  derived  from 
the  law  and  not  from  the  notice. — Adsit  v.  Sec'y  of  State,  84  /  425  ;  Lind- 
strom  v.  Canvassers,  94  /  470.  But  an  election  to  fill  a  vacancy,  of  which 
no  notice  was  given,  and  which  was  in  fact  known  to  but  few  of  the  voters. 
is  void.  But  though  the  official  notice  was  not  given,  or,  if  given,  not  in 
the  prescribed  form,  yet,  -if  the  election  has  been  held,  and  the  great  body  of 
the  voters  had  notice  in  fact  of  the  vacancy,  this,  coupled  with  the  fact  that 
they  are  presumed  to  know  that  the  law  requires  the  vacancy  to  be  filled 
at  the  next  election,  is  sufficient,  even  though  many  refrained  from  voting 
because  of  a  difference  in  the  construction  of  the  law. — Adsit  v.  Sec'y  of  State, 
84  /  427.  See  Secord  v.  Foutch,  44  /  89.  The  question  to  be  considered  in 
these  cases  is  whether  the  want  of  the  statutory  notice  has  resulted  in  de- 
priving sufficient  electors  of  the  opportunity  of  voting  to  change  the  result 
of  the  election  ;  and  the  election  should  not  be  set  aside  when  it  is  apparent 
that  the  result  would  not  have  been  different  had  all  the  electors  voted. — 
Adsit  v.  Sec'y  of  State,  84/420. 

(104)  §  3005.     SEC.  11.     The  secretary  of  state  shall,  be- 
tween  the  first  day  of  July  and  the  first  day  of  September  pre- 
ceding  a  general  election,   direct  and  cause  to  be  delivered 
to  the  sheriff  of  each  county  in  this  State,  a  notice,  in  writing, 
that  at  the  next  general  election  there  will  be  chosen  as  many 
of  the  following  officers  as  are  to  be  elected  at  such  general 
election,   viz. :     A  governor,   lieutenant    governor,    secretary 
of  state,  state  treasurer,  auditor  general,  attorney  general, 
superintendent  of  public  instruction,    commissioner    of    the 
state  land  office,  members  of  the  state  board  of  education, 
electors  of  president  and  vice  president  of  the  United  States, 
and  a  representative  in  congress  for  the*  district  to  which  each 
of  such  counties  shall  belong. 

McPherson  v.   Sec'y  of  State,  92/392. 

(105)  §  3606.     SEC.  12.     He  shall  also,  between  the  first  of  elections  of 
day  of  July    and    first    day    of    September    preceding    such  reS^ntl- 
election,  direct  and  cause  to  be  delivered  to  the  sheriff  of  each  tives- 
county  a  notice  in  writing,  stating  the  number  of  senators 

and  representatives  to  be  elected  in  such  county,  specifying 
the  number  of  each  district,  and  the  limits  of  such  district, 
when  the  county  alone  does  not  constitute  a  senatorial  or  rep- 
resentative district  or  districts.  • 

See  note  to   section   103. 

(106)  §  3607.     SEC.  13.     Whenever     a     special     election  of  special 
shall  be  ordered  by  the  governor  to  fill  any  vacancy,  the  sec-  el 
retary  of  state  shall  immediately  notify  the  sheriff  of  each 

of   the   counties   embraced    in   said   election   district,   of  the 


40  STATE  OF  MICHIGAN. 


time  of  holding  such  election,  the  cause  of  such  vacancy,  the 
name  of  the  officer,  and  the  time  when  his  term  of  office  will 
expire. 

See  note  to  section  103. 

Duty  of  board  (107)  §  3608.  SEC.  14.  When  the  board  of  supervisors 
of  supervisors.  0^  a  coun^y  shall  order  a  special  election  to  fill  a  vacancy  in 
any  office,  such  order  shall  be  in  writing  and  signed  by  the 
chairman  and  clerk  of  the  board,  and  shall  specify  how  the 
vacancy  occurred;  the  name  of  the  officer  in  whose  office  it 
occurred;  the  time  when  his  term  of  office  will  expire,  and 
the  day  on  which  such  special  election  shall  be  held,  not  being 
more  than  forty  nor  less  than  thirty  days  from  the' making  of 
such  order;  and  such  clerk  shall,  without  delay,  cause  a 
copy  of  such  order  to  be  delivered  to  the  township  clerk  of 
each  township,  and  to  one  of  the  inspectors  of  election  in 
each  ward  of  any  city  in  the  county. 

Secord  v.  Foutch,  44  /  89  ;  People  v.  Palmer,  91  /  287. 

Duty  of  sheriff  (108)  §  3609.  SEC.  15.  The  sheriff,  on  receiving  either 
nStiSfiving  of  the  notices  directed  in  this  act  to  be  sent  to  him,  shall 
forthwith  cause  a  notice  in  writing  to  be  delivered  to  the 
township  clerk  in  each  township,  and  to  one  of  the  inspectors 
of  election  in  each  ward  in  any  city  of  his  county,  which 
notice  shall  contain  in  substance  the  notices  so  received  by 
such  sheriff;  but  if  such  county  shall  be  divided  into  two  or 
more  senatorial  or  representative  districts,  then  such  notice, 
so  far  as  it  relates  to  the  election  of  senators  or  representa- 
tives, shall  be  delivered  to  the  proper  officer  in  each  town- 
ship or  ward  in  each  respective  district. 

See  note  to /section  103. 

idem.  (109)     §  3610.     SEC.  16.     He    shall    also    give    at    least 

twenty  days'  notice  in  writing,  to  be  delivered  to  the  town- 
ship clerk  of  each  township,  and  to  one  of  the  inspectors  of 
election  in  each  ward  in  any  city  in  his  county,  of  the  hold- 
ing of  each  general  election,  for  the  choice  of  county  officers, 
designating  the  officers  to  be  chosen  at  each  and  every  such 
election. 

Duty  of  town-  (110)  §  3611.  SEC.  17.  The  township  clerk  or  inspector 
?nspeqS?on  °f  elections,  receiving  either  of  the  notices  directed  in  this 
notice1^  ac^  t°  b®  delivered  to  him,  shall,  by  notice  in  writing,  under 
his  hand,  give  at  least  ten  days'  notice  of  the  time  and  place 
at  which  such  election  is  to  be  held,  and  the  officers  to  be 
chosen,  which  election  snail  be  held  at  the  place  of  holding 
the  last  preceding  township  meeting,  or  at  such  other  place 
in  the  township  as  the  township  board  of  such  township  shall 
prescribe ;  and  if  the  notice  is  of  a  general  election,  at  which 
a  vacancy  is  to  be  filled,  it  shall  state  the  name  of  the  person 
in  whose  office  the  vacancy  shall  have  occurred,  and  that  such 
vacancy  will  be  supplied  at  such  election;  and  such  township 


ELECTION  LAWS.  41 


clerk  or  inspector  shall  cause  such  notices  to  be  posted  up  in 
at  least  three  of  the  most  public  places  in  the  said  township 
or  ward. 

Sections  18-41  of  this  act  were  superseded  by  the  act  of  1891  immediately 
following. 


MANNER  OF  CONDUCTING  GENERAL  ELECTIONS. 

An  Act  to  prescribe  the  manner  of  conducting  and  to  prevent  fraud  and 
[deception]  deceptions  at  elections  in  this  State. 

[Act  190,  P.  A.  1891,  as  amended.] 

The  People  of  the  State  of  Michigan  enact: 

(111)  §3612.     SECTION  1.     That     at     all     elections     at  inspectors  of 
which  any  presidential  elector,  member  of  congress,  member 

of  the  legislature,   State  or  county  officer    or  circuit  judge 
is  to  be  elected,  or  any  amendments  to  the  constitution,  the 
supervisor,  two  justices  of  the  peace,  not  holding  the  office  of 
supervisor  or  township  clerk,  wrhose  term  of  office  will  first 
expire    and  the  township  clerk  of  each  township,  and  the 
assessor,    if   there    be    one,  an  alderman  of  each  ward  in  a 
city  shall  be  the  inspectors  of  election :     Provided,  That  in  Proviso, 
all  voting  precincts  where    by  special  enactment,  provisions 
exist  for  designating  inspectors  of  election    said  provisions 
are  not  to  be  superseded,  but  such  officers  shall  be  the  inspec- 
tors of  election  under  this  act :    And  provided  further,  That  Further 
no  person  shall  act  as  such  inspector,  who  is  a  candidate  for  Pr(mso- 
any  office,  to  be  elected  by  ballot,  at  said  election. 

DESIGN  OF  ACT  :  This  act  is  designed  to  secure  absolute  secrecy  to  the 
-elector  and  thus  prevent  all  opportunity  for  corrupt  practices. — Att'y  Gen. 
v.  McQuade,  94  /  443  ;  Att'y  Gen.  v.  May,  99  /  544.  It  was  passed  to  preserve 
the  purity  of  elections  and,  although  it  may  result  in  some  inconvenience  to 
the  voter,  the  restrictions  placed  upon  the  manner  of  voting  and  the  regula- 
tions, under  which  votes  may  be  received  and  placed  in  the  ballot  boxes,  are 
within  the  province  of  the  legislature. — Att'y  Gen.  v.  May,  99  /  547.  This 
statute  supplanted  a  law  which  permitted  a  voter  to  vote  openly  any  ballot 
that  he  might  choose.— Att'y  Gen.  v.  Stillson,  108/422. 

COUNTY  OFFICER:  CIRCUIT  JUDGE:  Special  elections  for  judges  or 
county  officers  are  apparently  covered  by  this  section  and  call  for  the  action 
of  the  county  commissioners  provided  for  in  section  119. — Peck  v.  Supervis- 
ors, 102  /  355. 

CONSTITUTIONAL  AMENDMENTS  :  Under  Const,  xx,  I,  such  amendments 
may  be  submitted  at  spring  elections.  In  such  case  the  ballots  must  be  pre- 
pared by  the  county  commissioners  and  may  be  separate  and  be  cast  in  a 
separate  box,  from  those  for  township  officers. — Peck  v.  Supervisors,  102  /  355.  • 

(112)  §  3G13.     SEC.  2.     In  case  four  inspectors  shall  not  when  inspect- 
attend  at  the  opening  of  the  polls,  or  shall  not  remain  in  at-  chosenviva 
tendance  during  the  election,  the  electors  present  may  choose,  voce- 
viva-voce,  such  number  of  said  electors  as,  with  the  inspector 

or  inspectors  present,   shall   constitute  a  board   of  four  in 
number;  and  such  electors  so  chosen,  shall  be  inspectors  of 
that  election,  during  the  continuance  thereof. 
6 


42 


STATE  OF  MICHIGAN. 


cierks  of 
election. 


when  voting 


(H3)  §  3614.  SEC.  3.  In  townships,  the  township  clerk, 
jf  present,  shall  act  as  clerk  of  the  election,  and  before  the 
opening  of  the  polls,  the  inspectors  in  each  township  shall 
appoint  an  elector  to  be  a  second  clerk  of  the  election;  and 
if  the  township  clerk  shall  not  be  present,  the  board  shall 
appoint  two  such  clerks,  and  the  inspectors  in  each  ward  or 
voting  precinct  in  a  city  shall  designate  one  of  their  number 
to  act  as  clerk  and  shall  appoint  one  other  elector  as  second 

Oath  of  office,  clerk  ;  and  each  of  the  clerks  so  appointed,  and  each  of  the 
inspectors  so  chosen,  shall  take  the  constitutional  oath  of 
office,  which  oath  either  of  the  inspectors  may  administer. 

(114)  §  3615.  SEC.  4.  When  any  election  district  or 
voting  precinct  shall  contain  over  three  hundred  electors,  ac- 
cording to  the  poll  list  of  the  last  preceding  general  election, 
the  township  board  in  townships  and  the  city  co'uncil  in 
cities  may,  in  their  discretion,  divide  such  voting  precincts 
into  two  or  more  election  districts.  In  case  of  townships  and 
incorporated  villages  so  divided,  the  provisions  of  chapter 
eight  of  Howell's  annotated  statutes  shall  apply  to  and 
govern  all  proceedings  hereunder,  with  reference  to  such  divi- 
sion, boards  of  registration,  election  inspectors  and  all  mat- 
ters  arising  therefrom  not  provided  for  by  this  act.  In  cities 
where  no  special  provisions  exist  relative  thereto,  such  divi- 

by  ordinance.  gjon  an(j  aj}  matters  arising  therefrom,  not  covered  by  the 
provisions  of  this  act,  shall  be  provided  for  by  ordinance  of 
the  common  council  of  said  city,  and  it  is  hereby  made  the 
duty  of  such  common  council  to  make  all  necessary  rules 
and  regulations  in  connection  therewith  to  fully  carry  out 
the  provisions  of  this  section. 

Conely  v.  Common  Council,  93  /  446. 


what  to 


when  com- 


Opening  and         (115)     §  3616.     SEC.  5.     On  the  day  of  election  the  polls 
poUsngo1         thereof  shall  be  opened  at  seven  o'clock  in  the  forenoon,  or  as 
soon  thereafter  as  may  be,  and  shall  be  continued  open  until 
five  o'clock  in  the  afternoon  of  the  same  day,  and  no  longer; 
but  in  townships  the  board  may  adjourn  the  polls  at  twelve 
Proclamations  o'clock,  noon,  for  one  hour,  in  their  discretion.     The  inspec- 
tors shall  cause  'proclamation  to  be  made  upon  opening  the 
polls,  and  shall  also  cause  proclamation  to  be  made  of  the 
closing  of  the  polls,  one  hour,  thirty  minutes,  and  fifteen  min- 
utes respectively,  before  the  closing  thereof. 

As  to   irregularities   in  opening  and   closing  the  polls,   see   People  v.   Cioott,. 
16/305,    324. 


Of  ballot 


§  3617.  SEC.  6.  There  shall  be  provided  and  kept 
by  the  township  clerk  in  each  township  at  'the  expense  of  such 
township,  and  in  each  ward  or  voting  precinct  of  any  city  by 
the  city  clerk  or  recorder  at  the  expense  of  the  city,  one  or 
more  suitable  ballot-boxes,  with  lock  and  key,  which  ballot- 
box  shall  have  an  opening  through  the  lid  of  the  prcrper  size 
to  admit  a  single  closed  ballot,  through  which  each  ballot  re- 


ELECTION  LAWS.  43 


ceived  shall  be  passed  into  the  box.  He  shall  also  furnish  Election  seal. 
a  township  or  ward  election  seal,  which  shall  contain  the 
name  of  the  township  or  ward  and  the  words  "election  seal" 
around  the  margin  thereof,  and  such  other  words  or  device 
thereon  as  the  township  board  of  the  township  or  common 
council  of  the  city  may  prescribe. 

BALLOT  BOXES  :  The  law  contemplates  that,  where  state  or  county  meas- 
ures, or  state  or  county  officers  to  be  elected  by  reason  of  a  vacancy,  are  to 
be  voted  upon,  the  county  commissioners  may  act ;  and  in  such  case  the  ballot 
may  be  separate  from  the  ballot  containing  the  tickets  for  township  officers 
and  separate  ballot  boxes  may  be  used,  for  the  furnishing  of.  which  this  sec- 
tion provides. — Peck  v.  Supervisors,  102  /  356. 

(117)  §  3618.     SEC.  7.     Before  opening  the  poll,  the  bal-  care ofbox, 
lot  box  shall  be  examined,  and  the  contents,  if  any,  removed   ey'et 
therefrom;  it  shall  then  be  locked,  and  the  key  thereof  de- 
livered to  one  of  the  inspectors,  to  be  designated  by  the  board. 

The  said  box  shall  not  be  opened  during  the  election,  except 
as  provided  by  law  in  case  of  adjournments. 

(118)  §  3619.     SEC.  8.    When    the    supervisor    shall    be  chairman  of 
one  of  the  board,  he  shall  be  chairman  thereof ;  but  if  he  be  board- 
absent,  such  one  of  their  number  as  the  inspectors  shall  desig- 
nate, shall  be  chairman. 

(119)  §  3620.     SEC.  9.     In  each  county  of  the  State,  the  Board  of  eiec- 
judge  of  probate,  county  clerk  and  county  treasurer  shall  sioSersTo?18" 
constitute  a  board  of  election  commissioners,  two  of  whom  each  county- 
shall  constitute  a  quorum,  and  of  which  board  the  judge  of 
probate  shall  be  chairman  and  the  county  clerk  shall  be  sec- 
retary.   It  shall  be  the  duty  of  said  board  to  prepare  a  suffic-  Duty  relating 
ient  number  of  ballots,  at  least  two  to  each  elector,  according  to 

to  the  vote  at  the  last  preceding  general  election,  for  election 
of  all  officers  for  whom  the  electors  are  entitled  to  vote,  and 
for  all  proposed  constitutional  amendments  or  other  ques- 
tions to  be  submitted  to  the  electors  for  popular  vote  in  com- 
pliance with  the  provisions  of  law. 

OTHER  QUESTIONS  :  There  may  be  occasion  for  the  action  of  county 
boards  of  election  commissioners  in  cases  not  covered  by  section  one  of  this 
act.  Such  a  case  occurs  upon  the  submission  of  the  question  of  the  removal 
of  the  county  seat. — Peck  v.  Supervisors,  102  /  355. 

CONSTITUTIONAL  AMENDMENTS :  Act  to  secure  publicity  of  amend- 
ments to  the  constitution,  see  sections  536-7  infra. 

(120)  §  3621.     SEC.  10.     The  said  board  of  election  com- 
inissioners  shall  cause  to  be  printed  on  the  ballot  the  names 
of  the  candidates  nominated  by  the  regularly  called  conven-  of- 

tions  of  any  party,  and  it  shall  be  the  duty  of  the  State,  state ,  district 
district  or  county*  committee  of  each  political  party  to  for- 
ward  to  the  chairman  of  the  said  board  of  election  commis- 
sioners of  each  county  in  the  State,  not  less  than  twenty  days 
prior  to  any  such  election,  a  copy  of  the  vignette  adopted  by 
them  and  the  names  of  all  candidates  nominated  at  any  regu- 
larly called  convention  at  which  candidates  for  any  of  the 
offices  mentioned  in  section  one  of  this  act  shall  be  nomi- 
nated, and  no  other -names,  unless  authorized  and  instructed 


44 


STATE  OF  MICHIGAN. 


Wayne  county  by 
committees, 


Samesnsof 


said  convention,  except  that  in  the  county  of  Wayne 
county  and  district  committees  shall  perform  such  duty 

who  to  certify  not  less  than  ten  days  prior  to  any  such  election.  All  the 
names  of  parties  so  nominated  shall  be  certified  to  by  the 

Proviso,  as  to  chairman  and  secretary  of  the  respective  committees  :  Pro- 
vided,  That  it  shall  be  unlawful  for  said  board  of  election 
commissioners  to  cause  to  be  printed  in  more  than  one  column 
on  the  ballot  the  name  of  any  candidate  who  shall  have  re- 
ceived the  nomination  by  two  or  more  parties  or  political  or- 
ganizations for  the  same  office,  except  persons  running  for  the 
office  of  circuit  judge  in  the  tenth  judicial  circuit,  the  same 
to  comPrising  the  county  of  Saginaw.  Any  person  so  receiving 

spcifynoice°  the  nomination  for  the  same  office  by  two  or  more  parties  or 
political  organizations,  except  persons  running  for  the  office 
of  circuit  judge  in  the  tenth  judicial  circuit,  the  same  com- 
prising the  county  of  Saginaw,  shall,  within  five  days  after 
his  name  has  been  certified  to  said  election  commission  as 
having  been  nominated  by  two  or  more  political  parties  for 
the  same  office,  give  notice  to  the  board  of  election  commis- 
sioners of  each  county  in  the  State,  if  said  nomination  be 
for  a  State  office,  and  to  the  board  of  election  commissioners  of 
each  county  in  the  district,  if  said  nomination  be  for  a  con- 
gressional, judicial  or  legislative  office,  and  to  the  board  of 
election  commissioners  of  the  county,  if  such  nomination  be 
for  a  county  office,  specifying  in  such  notice  the  column  of 
which  party  or  political  organization  on  the  ballot  he  wishes 
his  name  to  be  printed,  and  said  board  of  election  commis- 
sioners shall  print  the  name  of  such  candidate  in  such  column 
on  the  ballot  so  specified  by  him,  and  in  no  other  column. 
Such  notice  shall  be  given  to  said  election  commissioners  by 
delivering  the  same  either  in  person  or  by  depositing  the  same 
in  the  post  office,  in  a  sealed  envelope,  with  postage  prepaid, 
directed  to  the  chairman  of  such  board  of  election  commis- 
sioners at  the  county  seat  of  the  respective  counties,  except 
that  in  the  county  of  Wayne  such  notice  shall  be  given  by 
a  nominee  for  a  county,  judicial  or  legislative  office,  within 
said  county,  within  three  days  after  his  name  has  been  so 
certified  as  having  been  nominated  by  two  or  more  political 
parties:  Provided  further,  That  in  case  any  such  candidate 
so  nominated  by  two  or  more  parties  or  political  organiza- 
tions for  the  same  office,  and  whose  name  shall  have  been 
certified  by  the  chairman  and  secretary  of  the  committees 
of  such  parties  or  political  organizations  to  said  board  of 
election  commissioners  within  the  time  and  as  above  pro- 
vided, except  persons  running  for  the  office  of  circuit  judge 
in  the  tenth  judicial  circuit,  the  same  comprising  the  county 
of  Saginaw,  shall  refuse  or  neglect  to  give  notice  to  said 
board  of  election  commissioners,  as  above  provided,  and  with- 
in the  time  above  named,  specifying  in  which  column  on  the 

column,  where  ballot  he  wishes  his  name  to  be  printed,  then  and  in  such  case 

name  printed.       .  of  election  commissioners  shall  cause  his  name  to 


How  notice 
given. 


In  Wayne 
county. 


Further  pro- 
viso, when 
candidate 
fails  to  give 
notice. 


ELECTION  LAWS.  45 


be  printed  in  the  column  of  the  party  or  political  organization, 
from  the  chairman  and  secretary,  of  whose  committee  said 
board    of    election    commissioners    shall    have    first    received 
notice  of  such  person's  nomination  for  said  office,  and  said 
board  of  election  commissioners  shall  not  cause  the  name  of 
such  person  to  be  printed  on  the  ballot  as  a  candidate  for 
the  same  office  in  any  other  column.     All  the-  provisions  of  Districts 
this  section  shall  apply  to  all  city,  village  and  township  elec-  affe 
tions  held  in  this  State,  except  that  the  notice  herein  required 
to  be  given  by  a  candidate  shall  be  given  by  him  to  the  proper 
board  of  election  commissioners  within  two  days  after  his 
name  has  been  so  certified  as  nominated  by  two  or  more  po- 
litical parties  for  the  same  office,  but  this  section  shall  not  be  Not  to  conflict 
construed  as  conflicting  with  act  number  one  hundred  nine-  S.h  certam 
ty-four  of  the  public  acts  of  eighteen  hundred  ninety-one. 

Am.  *1905,  act  25. 

Act   194  of  1891   is  sections  200-202  of  this  compilation. 

NOMINATED  BY  CONVENTION  :  A  candidate  ought  to  be  placed  in  nomi- 
nation by  the  electors  and  represent  a  respectable  portion  thereof,  in  order  to 
entitle  him  to  have  his  name  printed  upon  the  ballot.  Any  one  has  the  right 
to  announce  himself  as  a  candidate,  but  the  ballot  cannot  be  filled  with  the 
names  of  independent  candidates.  Every  one  has  the  right  to  be  voted  for 
upon  the  ballot ;  but,  where  he  is  not  the  nominee  of  a  convention,  a  person 
can  be  voted  for  only  in  the  blank  left  en  the  ballot  for  such  purpose. — 
Chateau  v.  Jacob,  88  /  171.  See  also,  Bragdon  v.  Navarre,  102  /  259  ;  Steph- 
enson  v.  Election  Com'rs,  118  /  416. 

VIGNETTE  :  But  one  vignette  is  provided  for,  but  the  placing  of  a  sepa- 
rate vignette  at  the  head  of  the  county  ticket,  while  an  irregularity,  is  not 
fatal.  A  voter  cannot  be  disfranchised,  nor  a  candidate  who  is  not  shown 
to  have  participated  in  any  fraud,  be  defeated  of  his  election,  by  such  an 
irregularity. — Lindstrom  v.  Canvassers,  94  /  467.  Where  the  vignette  adopted 
combines  with  it  the  name  of  the  party  or  political  organization  represented 
by  the  committee  forwarding  it  to  the  commissioners,  it  is  unnecessary  to  put 
another  heading  below  it. — Shields  v.  Jacob,  88  /  164. 

See   Baker  v.    Election   Com'rs,    110  /  635. 

(121)     §  3622.     SEC.  11.     It  shall  hereafter  be  the  duty  of  vignette  pro- 
the  State  committee  of  any  political  party  or  organization  in  ™  ( 
this  State,  before  each  election,  to  prepare  and  adopt,  by  en- 
graving or  otherwise,  a  vignette,  to  be  printed  at  the  top 
of  the  column  of  such  ballot  assigned  to  such  party,  as  a 
distinctive  and  characteristic  heading  thereto ;  such  vignette  size  of. 
shall  not  be  more  than  one  inch  and  a  half  square,  and  in 
addition  to  the  device  adopted,  shall  set  forth  legibly  the 
•name  of  such  party.     A  proof  copy  of  the  ballot  shall  be  Proof  copy  to 
placed  on  file  at  the  office  of  the  county  clerk  of  each  county  be  fi 
by  the  board  of  election  commissioners  and  be  open  for  in- 
spection by  the  candidates  named  thereon  and  by  the  chair- 
man of  each  committee  furnishing  the  names  of  candidates 
thereon,  but  by  no  other  person,  at  least  ten  days  prior  to 
each  election,  except  in  the  county  of  Wayne,  where  such  copy 
shall  be  on  file  at  least  six  days  prior  to  each  election.    And 
it  shall  be  the  duty  of  the  board  of  election  commissioners 
to  correct  such  errors  as  may  be  found  therein  by  such  in- 
spection. 

VIGNETTE  :      See  note  to   preceding   section. 

PROOF  COPY  :  The  failure  to  have  the  proof  copy  of  the  ballot  on  file  for 
inspection,  at  least  ten  days,  is  an  irregularity  which  will  not  disfranchise 
a  voter  or  deprive  a  candidate  of  his  election,  if  not  shown  to  have  partici- 
pated in  any  fraud. — Lindstrom  v.  Canvassers,  94  /  467. 


46 


STATE  OF  MICHIGAN. 


Impression  of 
vignette  to 
be  filed 


Unlawful  to 
imitate  copy, 
or  counter- 
feit. 


Board  to  pro- 
vide cuts. 


Secretary  of 
State  to  certify 
amendments. 


(122)  §  3623.  SEC.  12.  When  such  vignette  and  head- 
ing shall  have  been  adopted  and  prepared,  an  impression  of 
the  same,  followed  by  the  names  of  the  candidates  nominated 
at,  or  by  the  direction  of  the  regularly  called  convention, 
printed  and  sealed  up  in  an  envelope,  shall  be  filed  by  the  re- 
spective committees  with  the  county  clerk  of  the  county 
where  such  election  is  to  be  held,  and  with  the  secretary  of 
state,  at  least  twenty  days  prior  to  such  election,  except  in 
the  county  of  Wayne,  where  such  duties  shall  be  performed  by 
the  respective  committees  at  least  ten  days  prior  to  such  elec- 
tion. Such  lists  shall  be  kept  by  the  secretary  of  state  and 
said  county  clerk  on  deposit,  and  from  the  time  of  said  filing 
it  shall  be  unlawful  for  any  person  to  imitate,  copy  or  in  any 
manner  counterfeit  the  same,  or  change  the  name  of  the 
candidate  of  such  regular  convention,  except  as  herein  pro- 
vided, or  by  authority  of  such  convention.  Such  vignette  and 
heading  shall  remain  as  the  heading  for  the  column  of  such 
party  organization  on  the  ballots  »of  all  elections  until 
changed  by  the  proper  committee,  and  notice  thereof  shall 
have  been  given  to  such  county  clerks  and  secretary  of  state. 
It  shall  be  the  duty  of  the  board  of  election  commissioners 
to  provide,  at  the  expense  of  the  county,  a  sufficient  number 
of  cuts  of  the  several  vignettes  provided  for  in  this  act,  from 
which  to  print  the  necessary  number  of  ballots  to  be  dis- 
tributed by  them. 

(123)  §  3624.  SEC.  13.  Whenever  a  proposed  constitu- 
tional amendment  or  other  question  is  to  be  submitted  to  the 
electors  of  the  State  for  popular  vote  the  secretary  of  state 
shall  duly  and  not  less  than  fifteen  days  before  election, 
certify  the  same  to  the  clerk  of  each  county  in  the  State. 

CONSTITUTIONAL  AMENDMENTS:  For  an  act  to  secure  greater  pub- 
licity for  amendments  to  the  constitution,'  see  sections  536-7. 


Printing  of 
ba5ots,°etc. 


Name  of 
office. 

Order  of 


eiection. 


(124)  §  3625.  SEC.  14.  The  board  of  election  commis- 
sioners  in  each  county  shall  cause  the  names  of  all  candi- 
dates for  the  various  offices  mentioned  in  section  one  of  this 
act  to  be  voted  for  at  any  election  held  pursuant  to  the  pro- 
visions of  this  act,  to  be  printed  on  one  ballot,  all  nomina- 
tions of  any  party  to  be  placed  in  a  separate  column  under 
the  title  and  device  of  such  party  as  designated  in  its  certifi- 
cate, with  the  name  of  each  candidate  opposite  the  name 
of  the  office  for  w^hich  he  was  certified  to  have  been  nomi- 
nated. At  the  general  election  held  in  November  the  names 
of  the  several  offices  to  be  voted  for  shall  be  placed  on  the 
ballot  in  the  following  order:  Electors  of  president  and 
vice  president  of  the  United  States,  governor,  lieutenant  gover- 
nor?  secrefary  of  state,  state  treasurer,  auditor  general,  at- 
torney general,  superintendent  of  public  instruction,  com- 
missioner of  the  state  land  office,  member  of  the  state  board 
of  education,  representative  in  congress,  senator  and  repre- 
sentatives in  the  State  legislature,  judge  of  probate,  sheriff, 


ELECTION  LAWS.  47 


clerk,  treasurer,  register  of  deeds,  prosecuting  attorney, 
auditor  in  counties  electing  an  auditor,  circuit  court  commis- 
sioners, coroners,  surveyor.  At  the  general  election  held  in  April  election. 
April  the  order  shall  be  justice  of  the  supreme  court,  regents 
of  the  university,  circuit  judge,  county  commissioner  of 
schools.  At  any  election  to  fill  vacancy,  the  office  to  be  voted 
for  shall  be  placed  in  the  appropriate  place  on  the  ballot,  re- 
gard being  had  to  its  being  a  State,  congressional,  legis- 
lative, or  county  office.  The  tickets  of  the  party  having  the  Party  tickets, 
greatest  number  of  votes  within  the  State  at  the  last  preced- 
ing presidential  election  as  shown  by  the  votes  cast  thereat 
for  electors  of  president  and  vice  president  shall  be  placed 
first  on  the  ballot,  the  position  of  other  tickets  to  be  gov- 
erned relatively  by  the  same  rule.  The  ballots  shall  be  of  Ballots  to  be 
uniform  size  and  of  the  same  quality  and  color  of  white  umform  slze- 
paper,  and  sufficiently  thick  that  the  printing  cannot  be  dis- 
tinguished from  the  back  and  the  ballots  in  each  election 
district  shall  be  numbered  consecutively  on  the  upper  right- 
hand  corner  of  the  front  side  thereof,  and  no  two  ballots 
of  the  same  kind  in  the  same  township  or  election  district 
shall  have  the  same  number;  such  corner  containing  said 
number  shall  be  perforated  diagonally  across  the  corner  of 
the  ballots,  so  that  it  can  be  handily  torn  off  as  hereinafter 
provided,  before  such  ballot  is  deposited  in  the  ballot  box. 
The  arrangement  of  the  ballot  shall  conform  as  nearly  as  Plan  of  ballot, 
possible  to  the  following  plan,  and  shall  contain  the  specific 
instructions  therein  set  forth,  and  no  others: 


OFFICIAL    BALLOT. 

(Instructions.)  In  all  cases  make  a  cross  (X)  in  the  circle 
(O)  under  the  name  of  your  party  at  the  head  of  the  ballot. 
If  you  desire  to  vote  a  straight  ticket,  nothing  further  need 
be  done.  Where  only  one  candidate  is  to  be  elected  to  any 
office,  and  you  desire  to  vote  for  a  candidate  not  on  your 
party  ticket,  make  a  cross  (X)  in  the  square  [  ]  before  the 
name  of  the  candidate  for  whom  you  desire  to  vote  on  the 
other  ticket.  Where  two  or  more  candidates  are  to  be  elected 
to  the  same  office,  and  you  desire  to  vote  for  candidates  on 
different  tickets  for  such  office,  make  a  cross  (X)  in  the 
square  [  ]  before  the  name  of  the  candidates  for  whom  you 
desire  to  vote  on  the  other  ticket;  also  erase  an  equal  num- 
ber of  names  of  candidates  on  your  party  ticket  for  the  same 
office  for  whom  you  do  not  desire  to  vote.  If  you  wish  to  vote 
for  a  candidate  not  on  any  ticket,  write  or  place  the  name  of 
such  candidate  on  your  ticket  opposite  the  name  of  the  office. 
Before  leaving  the  booth,  fold  the  ballot  so  that  the  initials  of 
the  inspector  may  be  seen  on  the  outside. 


48 


STATE  OF  MICHIGAN. 


NAMES  OF  OFFICES 
VOTED  FOR. 

Vignette 
with 
name  of  party. 

Vignette 
with 
name  of  party. 

Vignette 
with 
name  of  party. 

0 

0 

0 

[  ]   Name  of  can- 
didate. 

[  ]   Name  of  can- 
didate. 

[  ]   Name  of  cai 
didate. 

PRESIDENTIAL. 

Electors  of  President 
and  Vice-  President 

[  ]   Name  of  can- 
didate. 

[  ]   Name  of  can- 
didate. 

[  ]   Name  of  car 
didate. 

[  ]   Name  of  can- 
didate. 

[  ]  Name  of  can- 
didate. 

[  J   Name  of  car 
didate. 

STATE. 
Governor  

[  1   Name  of  can- 
didate. 

[  ]   Name  of  can- 
didate. 

[  ]   Name  of  car 
didate 

Lieutenant-Governor  

[  ]   Name  of  can- 
didate. 

]   Name  of  can- 
didate. 

[  ]   Name  of  car 
didate. 

Secretary  of  State 

[  ]   Name  of  can- 

[ ]   Name  of  can- 

[ ]   Name  of  car 

didate. 

didate. 

didate. 

Representative  in  Congress, 
District  

[  ]   Name  of  can- 
didate. 

[  ]   Name  of  can- 
didate. 

[  ]   Name  of  car 
didate. 

LEGISLATIVE. 
Senator  District 

[  ]   Name  of  can- 
didate. 

[  ]   Name  of  can- 

[ ]   Name  of  can 

didate. 

didate. 

Representative                 District 

[  ]   Nam0  of  can- 

[ ]   Name  of  can- 

didate. 

didate. 

didate. 

COUNTY. 
Judge  of  Probate.  . 

[  ]   Name  of  can- 

[ 1   Name  of  can- 

didate. 

didate. 

didate 

Sheriff  .  .  . 

didate. 

didate. 

didate. 

Clerk  

[  ]   Name  of  can- 

[ 1   Name  of  can- 

[ ]   Name  of  can 

didate. 

didate. 

didate. 

Am.    1901,   act   214. 

OFFICIAL  BALLOT  :  As  to  printing  names  on  ballots  and  the  preparation 
of  the  tickets,  see  notes  to  section  120.  The  provisions  of  this  section  as  to 
arranging  the  tickets  on  the  ballots  are  not  merely  directory,  but  must  be 
observed  in  making  up  the  ballot. — Baker  v.  Elec.  Com'rs.  110  /  635.  A  spring 
election  held  not  a  general  election  in  determining  the  right  to  place  a  ticket 
in  the  first  column  of  an  official  ballot. — Edgar  v.  Bd.  of  Elec.  Com'rs,  118  / 
418.  See  Stephenson  v.  Bd.  Elec.  Com'rs,  118  /  396. 

INSTRUCTIONS :  In  a  village  election  notices,  in  the  nature  of  instruc- 
tions to  the  voter,  were  posted,  but  followed  the  form  originally  prescribed 
in  1891,  and  were  not  in  exact  conformity  with  the  amendatory  law  of  1893. 
This  was  held  to  be .  an  irregularity,  which  was  not  fatal  to  the  election. — 
People  v.  Avery,  102  /  573. 


ELECTION  LAWS.  49 


BALLOT  :  All  votes  must  be  given  by  ballot. — Const,  vii,  2.  Under  the 
old  law  it  was  held  that  the  designation  of  the  person  voted  for  by  the 
initials  of  his  name  is  not  sufficient,  for  no  other  evidence  than  the  ballot 
is  receivable  to  show  the  voter's  intention.  A  vote  for  J.  A.  Dyer  does  not 
show  an  intention  to  vote  for  James  A.  Dyer  and  cannot  be  counted  for  him. 
— People  v.  Tisdale,  1  Doug.  59  ;  People  v.  Higgins,  3  /  233  :  People  v.  Cicott, 
16  /  283  ;  People  v.  McNeal,  63  /  294.  An  error  in  spelling  a  name,  if  it  does 
not  change  the  sound,  will  not  prevent  the  ballot  from  being  counted  for  the 
person  evidently  intended. — People  v.  Tisdale,  1  Doug.  65.  "Finegan"  may 
be  counted  for  "Finnegan." — People  v.  Mayworm,  5  /  149.  Where  a  part  o*f 
the  surname  has  been  omitted,  it  .cannot  be  counted  as  if  it  were  perfect, 
unless  it  is  idem  sonans. — People  v.  Cicott,  16  /  307.  But  a  well  known  ab- 
breviation, as  Geo.  for  George,  or  Thos.  for  Thomas  may  be  used  and  counted 
according  to  the  evident  intention  of  the  voter. — People  v.  Tisdale,  1  Doug. 
Co.  Poor  handwriting  may  be  fatal  ;  a  written  ballot  for  Toley  was  not 
allowed  to  be  counted  for  Tobey. — People  v.  McNeal,  63  /  294.  But  ballots 
for  John  Jochim  were  counted  for  John  W.  Jochim,  it  not  appearing  that 
there  was  any  other  John  Jochim  within  the  district. — People  v.  Kennedy, 
37  /  67.  The  omission  of  the  word  "for"  before  the  name  of  the  office  is 
immaterial,  and  the  name  of  the  office  may  be  abbreviated,  if  it  is  unequivo- 
cal.— People  v.  Cicott,  16  /  307.  When  an  act  authorizes  the  submission  of 
a  question  to  the  people  without  prescribing  the  form  of  the  ballot,  it  fs 
necessary  that  the  voter's  ballot  should  show  that  the  specific  question  con- 
templated by  the  act  was  passed  upon. — People  v.  Woodhull,  14  /  28. 

(125)  §  3626.     SEC.  15.     In  case  of  the  death,  removal  or  in  case  of 
withdraAval  of  any  candidate  after  the  printing  of  such  ballot,  dfdate°f  can" 
and  before  such  election,  the  chairman  of  the  State,  district 

or   county   committee   of  the   political  party  to  which  such 

candidate  belongs  shall  transmit  to  the  chairman  of  the  board 

of  election  commissioners  the  name  of  the  person  selected  by 

such  party  to  fill  such  vacancy,  and  said  board  shall  provide 

the  election  board  of  each  precinct,  in  which  such  candidate 

is  to  be  voted  for,  with  a  number  of  pasters  containing  only  Pasters  to  be 

the  name  of  such  new  candidate,  at  least  equal  to  the  num-  Provlded- 

ber  of  ballots  provided  for  such  precinct,  but  no  pasters  shall 

be  given  to.  or  received  by  any  one,  except  such  election  board 

and  such  chairman,  and  it  shall  be  the  duty  of  the  chairman 

of  the  board  of    inspectors  of  election    to  put  one  of  such 

pasters  in  a  careful  and  proper  manner,  in  the  proper  place 

on  each  ballot  before  it  shall  be  given  to  any  elector  for  the 

purpose  of  voting,  and  in  case  the  name  of  anv  candidate  in  case  a 

,.„     .  .  ,    ,  ,        „      ,       ,.  -  name  has  been 

regularly  certified   to  said  board   of  election   commissioners  omitted 

shall   have   been   omitted   from   such  ballots,   said   board   of 

election  commissioners  shall  furnish  pasters  containing  the 

name  of  such  candidate  and  the  same  shall  be  placed  upon 

the  ballots  as   herein  provided  in  the  case  of  a   candidate 

selected  to  fill  a  vacancy.    In  case  of  such  death,  removal  or  change  in  bai- 

,.          i/»  ii  •     ,.  j.  iiTi.li  is  lots  on  death, 

resignation  before  the  printing  of  such  ballots,  the  name  of  removal  or  res- 
the  person  selected  in  the  place  of  such  candidate  shall  be  iaSudate? 
communicated  by  the  proper  committee  to  the  political  or- 
ganization to  which  such  candidate  belonged,  and  the  neces- 
sary change  in  such  ballot  shall  be  made  by  the  board. 

(126)  §  3627.     SEC.  16.     It  shall   not  "be   lawful  for  the  unlawful  to 

T    , .          use  other  than 

printer  of  such  ballots  or  any  other  person  to  give,  or  deliver  official  ballot, 
to,  or  knowingly  permit  to  be  taken,  any  of  said  ballots,  by 
any  person  other  than  the  board  of  election  commissioners, 
for  which  such  ballots  are  being  printed,  or  to  print,  or  cause 
or  permit  to  be  printed,  any  ballot  in  any  other  form  than  the 
one  prescribed  by  this  act,  or  with  any  other  name  thereon, 
or  with  the  names  misspelled,  or  the  names  or  devices  thereon 
7 


50 


STATE  OF  MICHIGAN. 


Proviso. 


arranged  in  any  other  way  than  that  authorized  and  directed 
by  the  said  board  of  election  commissioners:  Provided,  That 
it  shall  and  may  be  lawful  for  the  chairman  of  committees 
and  candidates  named  on  the  official  ballot  to  procure  any 
number  of  fac  similes  of  the  ticket  to  be  printed  on  red,  yel- 
low or  blue  paper  and  to  circulate  the  same  for  the  purpose 
of  the  instructions  of  voters;  and  said  colored  ballot  to  have 
printed  at  the  head  the  words  "Instruction  Ballot." 

-  (127)     §  3628.     SEC.  17.     It  shall  be  the  duty  of  the  board 

-  of  election  commissioners  of  each  county  to  provide  and  en- 
pencils,     dose  in  each  package  of  official  ballots  to  be  delivered  to  some 

member  of  the  board  of  election  inspectors  of  each  voting 
pjecinct  as  hereinafter  provided,  as  many  black  or  blue  lead 
pencils,  to  be  attached  with  strings  or  in  other  suitable  man- 
ner to  the  booth,  as  may  be  necessary,  at  least  three  black  or 
blue  lead  pencils  being  furnished  for  every  booth  erected  as 
hereinafter  provided.  And  the  board  of  election  commission- 
ers of  each  county  shall  audit  and  issue  their  warrants  for 
the  same,  which  shall  be  paid  by  the  county  treasurer  out  of 
the  general  fund  of  the  county. 


Section  18  is  repealed  by  act  266  of  1897. 


Duty  of  chair- 
cure  ballots" 


Proviso,  where 


HOW  ballots 


Wenedto  be 


(128)  §  3629.  SEC.  19.  It  shall  be  the  duty  of  the  chair- 
man  of  the  board  of  election  inspectors  of  each  voting  pre- 
cinct in  each  county,  or  in  case  .he  cannot  attend,  some  other 
member  of  such  board,  authorized  in  writing  by  the  said  chair- 
man, to  appear  at  the  office  of  the  county  clerk  of  his  county, 
not  more  than  four  nor  less  than  two  days  before  each  elec- 
tion, and  the  board  of  election  commissioners  shall  deliver  to 
him,  in  a  sealed  package,  the  ballots  and  the  stamps  or  other 
apparatus  provided  for  his  precinct  :  Provided,  That  in  cities 
where  a  later  date  is  fixed  for  the  delivery  of  city  ballots  to 
said  [chairmen]  chairman,  the  ballots  may  be  delivered  by 
the  board  of  election  commissioners  at  the  same  time  that 
the  city  ballots  are  so  delivered,  and  in  election  precincts 
where  the  ballot  boxes  are  delivered  locked  to  election  in- 
spectors by  officials,  such  stamps  and  pads  or  other  apparatus 
may  be  enclosed  in  such  ballot  boxes  instead  of  with  the 
ballots.  The  necessary  number  of  ballots  shall  be  wrapped 
and  tied  in  packages,  and  securely  sealed  with  wax,  and  the 
chairman  of  said  board  of  election  commissioners  or  some 
other  member  thereof,  duly  authorized  therefor  by  said  board, 
shall  make  and  sign  a  certificate  setting  forth  the  number  of 
ballots  in  such  package,  and  that  such  ballots  were  packed 
and  sealed  by  himself  personally,  and  upon  delivery  of  such 
package  and  said  certificate  to  said  inspector  of  elections 
he  shall  receipt  for  the  same  ;  and  for  the  safe  sealing  of  such 
ballots,  the  county  board  of  election  commissioners  shall  pro- 
vide themselves  with  a  seal  of  such  design  as  they  may  deem 
Pr°Per-  Said  packages  shall  not  be  opened  until  delivered  to 
the  election  board  of  the  respective  voting  precincts,  to  which 


ELECTION  LAWS.  51 


they  were  directed  when  said  boards  shall  be  fully  organized 
and  ready  for  the  reception  of  votes  as  in  this  act  provided. 

(129)  §  3630.     SEC.  20.     In   case  none    of  the    board  of  when  board  to 
election  inspectors  of  any  precinct  shall  appear  at  the  office  of  S€ 

the  county  clerk  within  the  time  above  specified,  the  board  of 
election  commissioners  shall  forthwith  dispatch  a  special  mes- 
senger to  such  precinct,  with  the  ballots  and  stamps  for  such 
precinct,  wrapped,  tied  and  sealed  as  aforesaid,  who  shall 
deliver  the  same  to  one  of  the  election  inspectors  or  some 
responsible  elector  of  such  precinct,  to  be  designated  by  the 
board  of  election  commissioners,  who  may  receipt  therefor 
and  whose  duty  it  shall  be  to  deliver  the  same  to  the  inspec- 
tors at  the  polling  place  before  seven  o'clock  in  the  forenoon 
of  the  day  of  election.  Such  messenger  shall  promptly  TO  me  receipt 
report  to  such  clerk  and  file  with  him  the  receipt  of  the  per- fo 
son  to  whom  he  delivered  such  ballots  and  stamps,  and  his 
affidavit  stating  where,  when  and  to  whom  he  delivered  the 
same. 

(130)  §  3631.     SEC.  21.     In  all  townships,  and  all  voting  Railing  or 
precincts  in  cities,  the  township  board  of  each  township,  and  erected^6 
the  various  officers  whose  duty  it  may  be  to  designate  and  votins room- 
prescribe  the  place  or  places  of  holding  general  elections  in 

the  several  cities,  wards,  election  districts  and  voting  pre- 
cincts, throughout  the  State,  shall  provide  for,  and  cause  to 
be  erected  in  the  room  where  elections  are  to  be  held,  a  rail- 
ing or  fence  four  feet  in  height,  which  railing  or  fence  shall 
be  placed  through  and  across  the  room,  and  shall  cause  gates 
to  be  erected  in  said  railing.  The  entrance  gate  shall  be  in  Entrance  to  be 
charge  of  a  gate  keeper  appointed  at  the  opening  of  the  polls  gatehkeepe°rf. 
by  the  board  of  election  inspectors,  and  duly  sworn  to  allow 
no  person  to  pass  through  said  gate  and  enter  said  railing 
except  as  otherwise  provided  in  this  act,  except  to  vote  or  to 
assist  some  elector  in  the  preparation  of  his  ballot,  as  pro- 
vided in  this  act,  and  no  person  shall  be  allowed  to  be  inside 
of  said  railing,  except  to  vote,  or  to  assist  an  elector  in  the 
preparation  of  his  ballot  as  hereinafter  provided,  and  as  soon 
as  the  elector  has  voted  he  shall  retire  without  and  shall  not 
again  be  admitted  within  the  railing,  and  only  as  many  elec- 
tors as  there  are  booths  shall  be  allowed  within  the  railing 
at  one  and  the  same  time,  and  the  electors  shall  be  admitted 
in  the  order  in  which  they  shall  apply.  The  entrance  gate  Booths  to  be 
shall  be  placed  at  one  side  of  the  room,  and  on  the  inside  of  ei 
said  gate  a  booth  or  temporary  room  shall  be  erected.  At 
least  one  such  booth  shall  be  provided  at  each  polling  place, 
and  not  less  than  one  for  each  hundred  persons  entitled  to 
vote  thereat,  as  shown  by  the  last  preceding  registration  of 
electors,  and  built  with  walls  not  less  than  six  feet  high,  and 
in  [a]  such  manner  that  the  person  preparing  the  ballot  shall 
be  concealed  from  all  other  persons.  Said  railing  shall  also  Exjt^gate  and 
contain  an  exit  gate,  which  shall  be  under  the  care  of  an 
officer  appointed  by  the  board  and  duly  sworn,  as  above. 


52 


STATE  OF  MICHIGAN. 


The  booths  must  be  so  constructed  as  to  secure  secrecy  to  the  voter  in 
the  preparation  of  his  vote,  but  so  as  not  to  obstruct  the  view  between  the 
public  and  the  voter  when  he  deposits  his  vote.  The  gate-keeper  must  admit 
within  the  railing  at  one  time  as  many  voters  as  there  are  booths,  and  no 
more,  and  as  fast  as  one  booth  becomes  vacant  he  must  admit  another  voter. 
— Common  Council  v.  Rush,  82  /  533. 

MISCONDUCT  OF  INSPECTORS:  In  determining  the  title  to  a  county 
office,  the  vote  of  a  township  should  be  excluded,  where  it  appears  that  in 
such  township  the  mandatory  provision  of  the  election  law  requiring  the  offi- 
cial ballots  to  be  kept  in  the  custody  of  an  inspector  was  violated  by  the 
appointment  of  an  unofficial  person  as  "instructor"  to  distribute  the  ballots, 
and  allowing  him  access  to  the  voters  even  after  they  had  entered  the  booths, 
although  the  parties  acted  in  good  faith  and  it  is  not  shown  that  voters 
were  unduly  influenced. — Att'y  Gen.  v.  Kirby,  120/592. 


How  package 
opened. 


Number  of  bal- 
lots delivered 
to  inspector. 


How  ballots 
initialed. 


How  ballots 
given  voters. 


(131)  §  3632.  SEC.  22.  At  the  opening  of  the  polls, 
after  the  organization  of,  and  in  the  presence  of  the  board  of 
inspectors,  one  of  the  inspectors  shall  open  the  packages  of 
ballots  in  such  a  manner  as  to  preserve  the  seal  intact.  He 
shall  then  deliver  to  one  of  the  inspectors,  to  be  designated 
by  the  board,  fifty  of  the  ballots,  and  shall  place  the  pencils 
for  marking  the"  ballots  in  the  booths.  The  inspector  so 
designated  shall  at  once  proceed  to  write  his  initials  in  ink 
on  the  lower  left  hand  corner  of  the  back  of  each  of  said 
ballots,  but  not  upon  the  perforated  corner,  in  his  ordinary 
handwriting,  and  without  any  distinguishing  mark  of  any 
kind.  As  each  successive  voter  calls  for  a  ballot,  another  one 
of  the  inspectors  shall  deliver  to  him  the  first  signed  of  the 
fifty  ballots,  and  as  the  supply  of  ballots  in  the  hands  of 
the  inspectors  shall  decrease,  additional  ballots  shall  be 
signed  by  the  same  inspector,  so  that  at  least  twenty-five  bal- 
lots so  signed  shall  be  at  all  times  in  the  hands  of  the  inspec- 
tor delivering  the  ballots  to  the  elector. 

Am.  1901,  act  214;  1905,  act  55. 

INITIALING  BALLOTS  :  The  provisions  of  this  law,  do  not  authorize  the 
rejection  by  the  canvassers  of  ballots,  inadvertently  indorsed  by  the  inspector 
in  the  lower  right-hand  corner ;  so  much  of  the  statute  as  designates  the  par- 
ticular place  for  the  indorsement  being  directory  only. — Horning  v.  Board  of 
Canvassers  of  Saginaw  Co.,  119  /  51.  The  law  requires  that  ballots  shall 
be  initialed  by  an  inspector,  and  with  his  own  initials,  in  ink,  and  be 
handed  to  the  voters  by  an  inspector.  Held  that  the  law  is  mandatory  as  to  all 
of  these  requirements,  or  directory  as  to  all.  Quo  warranto,  to  try  the  title 
to  the  office  of  justice  of  the  peace. — DeGaw  v.  Fitzsimmons,  124  £  511. 

The  indorsement  of  the  initials  was  made  in  all  respects  as  required  by  law, 
except  that,  instead  of  being  in  the  upper  left-hand  corner,  they  were  in 
the  lower  right-hand  corner.  The  inspectors  of  election  did  not  intend  to 
do  any  wrong.  The  electors  were  all  qualified  voters.  They  accepted  the  bal- 
lots as  given  them  by  the  inspector,  supposing  them  to  conform  fully  with 
the  law.  As  voted,  they  were  secret  ballots.  The  electors  voted  them  in  the 
utmost  good  faith,  without  objection  or  challenge  from  anyone.  The  inspec- 
tors counted  them  without  protest  from  any  one.  The  electors  were  in  no 
sense  responsible  for  the  mistake  of  the  inspector.  To  disfranchise  hundreds 
of  legal  voters,  for  an  unintentional  mistake  of  this  character  by  a  public 
officer,  is  a  gross  injustice,  and  is  calculated  to  bring  a  very  commendable 
law  into  disrepute.  It  would  enable  a  corrupt  inspector  to  disfranchise  the 
electors  when  they  were  not  parties  to  the  fraud. — Horning  v.  Bd.  of  Can- 
vassers, 119  /  60. 

See  note  to   previous  section. 


Challengers.  (132)  §  3633.  SEC.  23.  At  every  election  each  of  the 
political  parties  shall  have  the  right  to  designate  and  keep 
not  exceeding  two  challengers  at  each  place  of  voting,  who 
shall  be  assigned  such  positions  immediately  adjoining  the 
inspectors  inside  the  polling  place  as  will  enable  them  to  see 
each  person  as  he  offers  to  vote  and  a  seat  and  table  or  desk 
on  which  he  may  write  within  the  railing  shall  be  furnished 


ELECTION  LAWS.  53 


for  the  accommodation  of  one  of  such  challengers  of  each 
political  party,  and  he  shall  have  the  right  to  inspect  the  Powers, 
poll  lists  as  kept  by  the  clerks,  and  who  shall  be  protected  in 
the  discharge  of  their  duty  by  the  inspectors  and  the  police. 
Authority  signed  by  the  recognized  chairman  or  presiding  Evidence, 
officer  of  the  chief  managing  committee  of  a  party  in  such 
county  or  township7  city,  ward  or  voting  precinct,  shall  be 
sufficient  evidence  of  the  right  of  such  challengers  to  be  pres- 
ent inside  the  room  where  the  ballot  box  is  kept.  The  chair- 
man appointing  any  challenger  may,  at  his  discretion,  remove 
him  and  appoint  another.  Any  challenger  shall  have  the  May  remain 

.     .  J  -    ,        during  can- 

right  and  privilege  of  remaining  during  the  canvass  of  the  vass. 

votes  and  until  the  returns  are  duly  signed  and  made. 

People  v.  Hanna,  98  /  516  ;  Att'y  Gen.  v.  May,  99  /  560. 
See  note  to  section  130. 

(133)      §  3634.     SEC.  24.     If  any  person   offering  to   vote  Proceedings  . 
shall  be    challenged    as  unqualified   by    any    inspector,  chal-  ^alfenged01 
lenger,  or  any  elector  qualified  to  vote  at  that  poll,  the  chair- 
man of  the  board  of  inspectors  shall  declare  to  the  person 
challenged  the  constitutional  qualifications  of  an  elector,  and 
if  such  person  shall  state  that  he  is  a  qualified  elector,  and 
the  challenge  shall  not  be  withdrawn,  one  of  the  inspectors 
shall  tender  to  him  such  of  the  following  oaths  as  he  may 
claim  to  contain  the  grounds  of  his  qualifications  to  vote: 

1.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-  Form  of  oath 
one  years  of  age,  that  you  are  a  citizen  of  the  United  States,  3uSenfeed.°r  u 
that  you  have  resided  in  this  State  six  months,  and  in  this 
township    (ward,   or   voting  precinct,   as  the   case   may  be) 

twenty  days  next  preceding  this  election,  and  that  you  have 
not  voted  at  this  election;  or, 

2.  You  do -solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  resided  in  this  State  on  the  twenty- 
fourth  day  of  June,  one  thousand  eig^ht  hundred  and  thirty- 
five,  that  you  have  resided  in  this  State  six  months,  and  in 
this  township  (ward,  or  voting  precinct,  as  the  case  may  be) 
twenty  days  next  preceding  this  election,  and  that  you  have 
not  voted  at  this  election;  or, 

3.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  resided  in  this  State  on  the  first 
day  of  January,  one  thousand  eight  hundred  and  fifty,  that 
you  have  declared  your  intention  to  become  a  citizen  of  the 
United  States,  pursuant  to  the  laws  thereof,  six  months  pre- 
ceding this  election,  that  you  have  resided  in  this  State  six 
months,  and  in  this  township   (ward,  or  voting  precinct,  as 
the  case  may  be)   twenty  days  next  preceding  this  election, 
and  that  you  have  not  voted  at  this  election;  or, 

4.  Yrou  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  resided  in  this  State  two  years  and 
six  months  prior  to  the  eighth  day  of  November  in  the  year 
one  thousand  eight   hundred  and  ninety-four,   that  you  de- 


54 


STATE  OF  MICHIGAN. 


clared  your  intention  to  become  a  citizen  of  the  United 
States,  pursuant  to  the  laws  thereof,  two  years  and  six 
months  prior  to  said  eighth  day  of  November,  that  you  have 
resided  in  this  township  (ward,  or  voting  precinct,  as  the 
case  may  be)  twenty  days  next  preceding  this  election  and 
that  you  have  not  voted  at  this  election;  or, 

5.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  are  a  native  of  the  United  States, 
that  you  are  of  Indian  descent  and  do  not  belong  to  any  tribe, 
that  you  have  resided  in  this  State  six  months,  and  in  this 
township  (ward,  or  voting  precinct,  as  the  case  may  be) 
twenty  days  next  preceding  this  election,  arid  that  you  have 
not  voted  at  this  election. 

If  such  person  so  challenged  will  take  either  of  the  above 
oaths,  his  vote  shall  be  received;  but  if  such  person  shall 
therein  swear  falsely,  upon  conviction  thereof  he  shall  be 
liable  to  the  pains  and  penalties  of  perjury. 


Penalty  for 

swearing 

falsely. 


RESIDENCE  :  The  temporary  absence  of  a  person  or  his  family,  though 
extending  over  a  series  of  years,  does  not  necessarily,  without  regard  to  his 
intentions,  make  him  lose  his  residence,  or  deprive  him  of  his  rights  as  an 
elector. — Harbaugh  v.  Cicott,  33  /  242.  See  also  notes  to  section  69. 

VOTING  TWICE  :  One  who  has,  first  by  mistake,  voted  in  the  wrong  pre- 
cinct, and  upon  discovering  his  mistake  has  requested  and  procured  the  in- 
spectors to  withdraw  and  cancel  a  ballot  such  as  he  asserted  he  had  voted, 
has  no  right  afterwards  to  vote  again  in  his  proper  precinct ;  and  his  second 
vote  is  illegal  — Id. 

ELECTIVE  FRANCHISE  :  It  must  be  remembered  that  the  right  of  voting 
is  one  which  cannot  be  taken  away  by  direct  law  or  impossible  conditions. — 
Warren  v.  Board  of  Registration,  72  /  399. 

OATHS  :  Where,  by  the  law  under  which  an  election  is  held,  the  inspectors 
are  to  receive  the  voter's  ballot  if  he  takes  the  oath  that  he  possesses  the  con- 
stitutional qualifications,  the  oath  is  the  conclusive  evidence  on  which  the 
inspectors  are  to  act,  and  they  are  not  at  liberty  to  refuse  to  administer  it, 
or  to  refuse  the  vote  after  the  oath  has  been  taken. — Wolcott  v.  Holcomb, 
97  /  361  ;  People  v.  Cicott,  16  /  302. 


Duty  of  in- 
spectors to 
challenge. 


Manner  of 
voting,  etc. 


How  ballot 
marked  by 
voter,  etc. 


(134)  §  3635.     SEC.  25.     It  shall  be  the  duty  of  each  in- 
spector to  challenge  every  person  offering  a  ballot  whom  he 
shall  know  or  suspect  to  be  disqualified  as  an  elector;  and 
the  board  of  inspectors  shall  possess  full  authority  to  main- 
tain regularity  and  order,  and  to  enforce  obedience  to  their 
lawful  commands  during  an  election,  and  during  the  canvass 
of  the  votes  after  the  poll  is  closed. 

(135)  §  3636.     SEC.  26.     When    an   elector    shall   not    be 
challenged  or  shall  have  taken  the  necessary  oath  or  affirma- 
tion he  shall  be  permitted  to  vote.    On  entering  the  room  the 
inspector  having  charge  of  the  ballots  shall  deliver  to  him 
one  of  them,  and  the  clerk,  shall  enter  his  name  upon  the  poll 
list,  together  with  the  number  of  the  ballot  given  him  and 
on  request  such  inspector  shall  give  explanation  of  the  man- 
ner of  voting,  if  deemed  necessary  by  the  board  an  interpreter 
may  be  called.     The  elector  shall  then  and  without  leaving 
the  room,  go  alone  into  the  booth,  which  is  unoccupied,  and 
indicate  the  candidate  or  candidates  for  whom  he  desires  to 
vote,  as  follows :     If  he  desires  to  vote  a  straight  ticket  he 
must  make  a  cross   (X)   in  the  circle  under  the  name  of  his 
pasty  at  the  head  of  the  ballot.     Nothing  further  need  be 
done.    Where  only  one  candidate  is  to  be  elected  to  an  office 


ELECTION  LAWS.  55 


and  the  elector  desires  to  vote  for  a  candidate  not  on  his 
party  ticket  he  should  make  a  cross  in  the  circle  under  the 
name  of  his  party,  and  also  make  a  cross  in  the  square  before 
the  name  of  the  candidates  for  whom  he  desires  to  vote  on  the 
other  ticket.  In  such  case  it  shall  not  be  necessary  to  strike 
off  the  name  of  the  candidate  on  the  party  ticket  and  where 
two  or  more  candidates  are  to  be  elected  to  the  same  office, 
like  circuit  court  commissioners,  presidential  electors,  etc., 
and  the  voter  desires  to  vote  for  candidates  on  different 
tickets  for  such  office,  he  must  mark  a  cross  in  the  circle 
under  his  party  name,  and  mark  a  cross  in  the  square  before 
the  name  or  names  of  the  candidates  for  whom  he  desires  to 
vote  on  the  other  ticket  or  tickets,  and  also  erase  an  equal 
number  of  names  of  the  candidates  for  such  office  on  his 
party  ticket :  Provided,  That  if  such  elector  shall  not  cross  Proviso, 
off  the  names  of  an  equal  number  of  candidates  for  such 
office  on  his  party  ticket  he  shall  be  deemed  to  have  crossed 
off  the  name  of  each  candidate  for  such  office  which  is  printed 
on  his  party  ballot  opposite  of  a  candidate  on  some  other 
party  ticket  in  front  of  whose  name  he  has  made  a  cross  (X). 
If  the  elector  wishes  to  vote  for  a  candidate  not  on  any  ticket,  TO  vote  for 
he  must  w^rite  or  place  the  name  of  such  candidate  on  his  not^rhiny 
ticket,  opposite  the  name  of  the  office,  and  make  a  cross  in  ticket- 
the  circle  under  the  party  name.  A  ticket  marked  with  a  what  deemed 
cross  in  a  circle  under  a  party  name  will  be  deemed  a  vote  ?an°d\dateeac 
for  each  of  the  candidates  named  in  such  party  column  whose 
name  is  not  erased,  except  those  candidates  where  a  cross 
is  placed  in  the  square  before  the  name  of  some  opposing  can- 
didate on  the  opposing  ticket,  or  where  a  name  is  written  or 
pasted  on  the  party  ticket  of  some  candidate  whose  name  is 
not  printed  as  a  candidate  on  any  party  ticket.  In  case  there 
is  only  one  candidate  to  be  elected  to  any  office,  the  cross  in 
the  square  before  the  name  of  the  candidate  on  the  opposing 
ticket  shall  be  deemed  one  vote  for  such  candidate.  Where 
there  are  two  or  more  candidates  to  be  elected  to  the  same 
or  like  office,  the  cross  before  the  name  of  the  opposing  can- 
didate or  candidates,  shall  be  deemed  one  vote  for  such  can- 
didate or  candidates,  provided  an  equal  number  of  names 
of  candidates  for  the  same  office  are  erased  or  can,  under 
the  provisions  of  this  section  be  deemed  to  have  been  erased, 
from  the  party  ticket.  If  the  name  of  any  person  who  is 
not  a  candidate  on  any  ticket  is  written  or  placed  on  the 
party  ticket  opposite  the  name  of  the  office,  and  there  is  a 
cross  in  the  circle  under  the  party  name,  the  name  so  written 
or  placed  shall  be  counted  one  vote  for  the  person  so  men-1 
tioned,  whether  the  original  name  on  the  party  ticket  is 
erased  or  not,  excepting  cases  where  there  is  a  cross  in  the 
square  before  the  name  of  some  opposing  candidate  on  some 
other  party  ticket.  If  no  cross  is  placed  in  the  circle  under 
the  party  name,  a  cross  in  the  square  before  the  name  of  any 
candidate  shall  be  deemed  a  vote  for  such  candidate  except 


STATE  OF  MICHIGAN. 


Elector  to 
fold  ballot. 


in  cases  where  the  elector  votes  for  more  candidates  for  the 
same  office  than  are  to  be  elected.  Such  elector  shall  also 
indicate  his  preference  on  any  constitutional  amendment  or 
other  questions  if  he  desires  to  vote  thereon,  by  making  a 
cross  (X)  in  the  square  in  front  of  the  words  "Yes"  or  "No" 
opposite  such  question.  Before  leaving  the  booth  the  elector 
shall  fold  his  ballot  so  that  no  part  of  the  face  thereof  shall 
be  exposed,  and  so  that  the  initials  of  the  inspector  shall  be 
on  the  outside  thereof,  and  on  leaving  the  booth  shall  at  once 
deliver  in  public  view  such  ballot  to  the  inspector  designated 
to  receive  the  same,  who  shall  thereupon  announce  audibly- 
the  name  of  the  elector  offering  the  same,  and  the  number 
of  the  ballot,  and  shall  ascertain  by  comparison  of  the  num- 
ber of  the  ballot  with  the  number  of  the  ballot  given  such 
elector  as  shown  by  the  poll  list  whether  the  ballot  presented 
is  the  same  one  given  such  elector,  and  if  it  is  the  same  the 
inspector  shall  tear  off  the  corner  of  the  ballot,  where  per- 
forated, containing  the  number  and  shall  then,  in  the  pres- 
ence of  the  elector  and  the  board  of  inspectors,  deposit  the 
same  in  the  ballot  box  without  opening,  and  if  it  is  not  the 
same  ballot  given  said  elector  it  shall  be  rejected :  Provided, 
however,  If  any  elector  shall  show  his  ballot  or  any  part 
thereof  to  any  person  other  than  one  lawfully  assisting  him 
in  the  preparation  thereof,  after  the  same  shall  have  been 
marked  so  as  to  disclose  any  part  of  the  face  thereof,  such 
ballot  shall  not  be  received  or  deposited  in  the  ballot  box.  In 
case  such  elector  shall  so  expose  his  ballot  his  name  shall  be 
entered  on  the  poll  list  with  a  minute  of  such  occurrence, 
and  such  elector  shall  not  be  allowed  to  vote  thereafter  at 
such  election.  The  elector  shall  then  leave  the  room,  but  no 
elector  to  whom  the  ballot  has  been  delivered  shall  be  per- 
mitted to  leave  the  room  without  voting  such  ballot,  or  re- 
turning it  to  the  inspector  from  whom  he  received  it.  Any 
elector  who  shall  attempt  to  leave  the  room  with  a  ballot  or 
pencil  in  his  possession  shall  be  at  once  arrested  on  demand 
of  any  member  of  the  board  of  inspectors  if  he  shall  refuse 
to  deliver  the  same  upon  request. 


Proviso. 


Am.    1901,    act   214. 

SECRECY  OF  THE  BALLOT  :  The  inspectors  are  not  permitted  to  exam- 
ine the  ballots  as  handed  to  them,  so  that  where  they  are  folded  they  have 
no  means  of  ascertaining  how  a  person  votes,  and  after  the  ballot  is  once 
deposited  they  have  neither  the  opportunity  nor  authority  to  investigate  tlu* 
matter. — Harbaugh  v.  Cicott,  33  /  251.  It  is  only  the  legally  qualified  voter 
who  is  protected  in  the  secrecy  of  his  ballot,  and  no  one  has  the  right  to 
inquire  or  make  known  the  contents  of  his  ballot,  or  give  evidence  of  it 
without  his  consent.  Even  if  his  qualifications  are  questioned,  his  privilege 
remains  until  the  lack  of  qualifications  is  established,  either  by  his  own  ad- 
mission or  otherwise. — People  v.  Cicott,  16  /  283  ;  Harbaugh  v.  Cicott,  33  /  251. 
The  action  of  the  chairman  of  the  board  of  inspectors,  in  receiving  and  de- 
positing in  the  ballot  box  the  ballots  of  13  unregistered  persons,  and  the 
ballots  of  a  large  number  of  persons  who  had  shown  them  after  they  had 
been  marked,  and  in  allowing  and  instructing  third  persons  t'o  enter  the  voting 
booths  with  a  large  number  of  electors,  and,  after  their  ballots  had  been 
marked  by  such  third  persons,  depositing  them  in  the  ballot  box,  is  held  to 
have  vitiated  the  vote  of  the  election  precinct. — Att'y  Gen.  v.  McQuade,  94  / 
439  ;  Att'y  Gen.  v.  May,  99  /  544. 

ENTERING  BOOTH  ALONE  :  The  provisions  of  this  section  requiring  the 
elector  to  enter  the  booth  alone  and  prepare  his  ticket  are  mandatory. — 
Att'y  Gen.  v.  McQuade,  94  /  439.  See  sections  130,  141  and  notes. 

ERASING  NAMES  :     Under  this  section  as  originally  enacted  it   was  neces- 


ELECTION  LAWS.  57 


sary  for  the  elector,  when  voting  for  a  candidate  on  the  opposing  ticket,  not 
only  to  mark  the  name  of  such  candidate  with  a  cross,  but  also  to  erase  the 
name  of  the  candidate  on  the  voter's  own  ticket.  But  by  the  amendment  of 
1893  [see  Am.  of  1901]  the  legislature  dispensed  with  the  necessity  of  the 
erasure  of  the  name. — Att'y  Gen.  v.  Glaser,  102  /  402.  And  such  erasure  is 
permissible,  though  not  necessary. — Id.  405. 

SLIPS  PASTPJD  :  Slips  over  names  on  ballot,  when  void.  Where  a  slip  is 
so  placed  on  a  ticket  as  to  leave  on  it  two  distinct  names  as  candidates  for 
the  same  office,  the  ballot  is  rendered  bad  as  to  that  office  for  duplicity.  Bnt 
where  an  attempt  is  made  to  cover  one  name  by  another  for  the  same  office, 
so  that  the  under  one  is  partially  obliterated,  the  slip  will  be  counted  although 
the  name  beneath  it  is  not  entirely  covered. — The  People  v.  Cicott,  16  /  283. 
Where  a  slip  is  pasted  over  a  name  so  as  to  partially  obliterate  it,  the  slip 
should  be  counted. — Keeler  v.  Robertson,  27  /  117.  This  section  provides  that, 
if  an  elector  wishes  to  vote  for  a  candidate'  not  on  any  ticket,  he  mwst  write 
or  paste  the  name  of  such  candidate  on  his  ballot,  opposite  the  name  of  the 
office,  and  make  a  cross  in  the  circle  under  the  party  name,  and,  if  no  cross 
is  placed  in  such  circle,  a  cross  in  the  square  before  any  candidate's  name 
shall  be  deemed  a  vote  for  such  candidate,  except  where  the  elector  votes  for 
more  candidates  for  the  same  office  than  are  to  be  elected.  Held,  that  the 
pasting  of  respondent's  name  over  the  name  of  relator  without  putting  a 
cross  under  any  party  name  or  opposite  the  name  of  respondent,  or  erasing 
the  name  of  a  third  candidate  on  the  ballot,  was  not  a  compliance  with  the 
law. — People  v.  Fox,  114  /  652. 

MARKING  BALLOTS  :  Ballots  were  all  marked  with  a  blue  pencil  in  the 
circle  at  the  head  of  the  ticket.  In  one  instance,  it  looks  as  though  the  voter 
first  made  a  cross,  and,  thinking  he  had  not  marked  it  plainly  enough,  re- 
peated the  marking  substantially  over  the  first  marking.  Two  other  tickets 
look  as  though  they  might  have  'been  made  with  a  blue  pencil  the  lead  of 
which  was  so  broken  that  two  points  projected  so  as  to  make  marks  upon  the 
ballot ;  or  the  voter  may  have  made  the  cross  with  a  down  and  up  stroke 
in  making  each  mark.  There  is  nothing  in  the  marking  to  distinguish  the 
ballot  from  other  ballots.  If  these  ballots  are  to  be  rejected,  the  ballots  of 
a  large  number  of  voters  who  do  not  have  occasion  to  use  pen  and  pencil 
very  often  would  have  to  be  rejected. — People  v.  Kamps,  129  /  217.  A  ballot 
marked  with  two  parallel  horizontal  lines  across  the  circle  at  the  head  of 
one  of  the  party  tickets  cannot  be  counted,  the  statute  requiring  a  cross  as 
the  designation  of  the  voter's  intent. — Christopherson  v.  Com.  Council,  117  / 
125. 

SHOWING  BALLOT :  The  provision  that,  if  the  elector  shows  his  ballot 
after  preparing  it,  such  ballot  shall  not  be  received  or  deposited  in  the  box, 
is  mandatory. — Att'y  Gen.  v.  May.  99  /  545.  And  receiving  and  depositing  in 
the  ballot  box  a  large  number  jot  ballots  so  shown  will  vitiate  the  election 
of  the  precinct. — Att'y  Gen.  v.  McQuade,  94  /  439. 

SEPARATE  BALLOT  BOXES  :  Where  state  or  county  measures  are  to  be 
voted  on,  or  state  or  county  officers  to  be  elected  to  fill  vancancies,  at  the 
spring  election,  the  county  commissioners  must  prepare  the  ballot,  and  in  such 
cases  the  ballot  may  be  separate  from  that  of  the  township  and  may  be  cast 
in  a  separate  box. — Peck  v.  Supervisors.  102  /  356.  The  elector  is  not  to  be 
deprived  of  his  vote  by  either  the  mistake  or  the  fraud  of  the  inspector  in  de- 
positing it  in  the  wrong  box.  if  the  intention  of  the  voter  can  be  ascertained 
with  reasonable  certainty.  Nor  should  ballots  be  rejected,  though  they  may 
have  got  into  the  wrong  box  by  the  honest  mistake  of  the  voters  themselves. 
— People  v.  Bates,  11  /  364.  When  a  voter  has  voted  by  mistake,  he  cannot 
withdraw  his  ballot  and  vote  again. — Harbaugh  v.  Cicott,  33  /  241. 

(13G)    §  3637.     SEC.  27.     At  each  adjournment  of  the  poll,  j^JJg  com- 
the  clerks  shall,  in  the  presence  of  the  inspectors,  compare  fists. 
their  respective  poll  lists,  compute  and  set  down  the  number 
of  votes,  and  in  case  the  same  do  not  agree  shall,  under  the 
direction  of  the  board,  correct  all  mistakes  that  may  be  dis- 
covered, until  such  poll  lists  shall  be  made  in  all  respects  to 
correspond. 

(137)  §  3638.  SEC.  28.  The  ballot  box  shall  then  be  care  of  ballot 
opened  and  the  poll  list  placed  therein,  the  box  locked,  and  box>  key>  etc' 
at  least  five  minutes  before  the  removal  of  the  same  a  piece 
of  leather  (or  canvas)  so  placed  as  to  extend  from  the  open- 
ing in  the  lid  of  said  ballot  box  to  the  key  hole  in  such  a 
manner  as  to  completely  cover  both  such  holes,  shall  be 
placed  thereon,  and  the  same  securely  fastened  thereon  with 
sealing  wax  stamped  with  the  official  election  seal  of  such 
township  or  ward,  such  piece  of  leather  (or  canvas)  and  the 
sealing  wax  to  be  so  arranged  as  to  render  it  impossible  to 
8 


58 


STATE  OF  MICHIGAN. 


Return  and 
opening  of 
box. 


Distribution 
of  ballots 


Printed  in- 
structions to 
voters  to  be 
furnished 


open  either  of  said  holes  without  breaking  said  seal.  The  key 
shall  then  be  delivered  to  one  of  the  inspectors,  the  box  to 
another,  and  the  seal  to  another.  Such  box  shall  not  be 
opened  nor  the  seal  broken  until  the  box  has  been  publicly 
exposed  at  least  five  minutes  before  the  reopening  of  the  poll. 

(138)  §  3639.     SEC.  29.     The    inspector    having    the    key 
shall  keep  it  in  his  possession,  and  deliver  it  again  to  the 
board  at  the  next  opening  of  the  poll,  and  the  inspector  hav- 
ing the  box  shall  carefully  keep  it  without  opening  or  suffer- 
ing it  to  be  opened,  or  the  seal  thereof  to  be  broken  or  re- 
moved, and  shall  publicly  deliver  it  in  that  state  to  the  board 
of  inspectors  at  the  next  opening  of  the  poll,  when  the  seal 
shall  be  broken  and  the  box  opened,  the  poll  lists  taken  out, 
and  the  box  again  locked. 

(139)  §  3640.     SBC.  30.     No  ballot  shall  be  distributed  by 
any  person  other  than  one  of  the  inspectors  of  election,  nor 
in  any  place  except  within  the  railing  of  the  voting  room,  to 
electors  about  to  vote  and  no  ballot  which  has  not  the  initials 
of  a  member  of  the  board  of  election  written  by  such  mem- 
ber on  the*  back  thereof  shall  be  placed  in  the  ballot  box. 

(140)  §  3641.     SBC.  31.     Uniform  printed  instructions  to 
voters,  printed  in  large  type  upon  cards,  shall  be  furnished 
by  the  secretary  of  state  to  the  county  clerk  of  each  county, 
containing  any  information  that  will  enable  voters  to  quickly 
make  and  correctly  designate  their  choice,  and  the  county 
clerks  shall  furnish  such  cards  to  the  city  and  township  clerks 
in  the  county.     Such  clerks  shall  furnish  such  cards  to  each 
polling  place,  one  of  which  shall  be  hung  in  each  compart- 
ment, two  in  the  polling  room,  and  three  on  the  outside  of 
the  building  in  which  the  voting  takes  place.    Whenever  the 
clerk  of  any  county  notifies  the  secretary  of  state  that  the 
printed  instructions  are  also  needed  in  a  foreign  language, 
and  such  language  is  stated,  then  it  shall  be  the  duty  of  the 
secretary  of  state  to  furnish  such  printed  instructions  in  such 
foreign  language.    In  case  of  necessity  the  chairman  may  em- 
ploy an  interpreter. 

See  note  to  section   124. 

INTERPRETER :  The  interpreter  cannot  be  allowed  to  remain  within  the 

railing  to  converse  with  the  voters  who  do  not  understand  English. — Att'y 
Gen.  v.  Stillson,  108  /  419-. 

(141)  §  3642.    SEC.  32.    When  an  elector  shall  make  oath 
that  he  cannot  read  English  or  that  because  of  physical  dis- 
ability he  cannot  mark  his  ballot,   or  when  such  disability 
shall  be  made  manifest  to  said  inspectors,  his  ballot  shall  be 
marked  for  him  in  the  presence  of  the  challenger  of  each  po- 
litical party  having  a  challenger  at  such  voting  place  by  an 
inspector  designated  by  the  board  for  that  purpose,  which 
marking  shall  be  done  in  one  of  the  booths. 

See  notes  to   sections  130  and  135. 

DISABLED  VOTERS  :  The  provisions  of  this  section  relative  to  the  mark- 
ing of  the  ballots  of  illiterate  or  disabled  voters  are  mandatory. — Att'y  Gen. 
v.  McQuade.  94  /  442 ;  McQuade  v.  Furgason.  91  /  438 :  Att'y  Gen.  v.  May, 
99  /  545.  The  provisions  of  this  section,  with  those  of  section  153,  are  in- 


Instructions 
in  foreign 
language. 


Voting  by  in- 
capable per- 
sons. 


ELECTION  LAWS.  59 


tended  to  secure  the  entire  secrecy  of  the  ballot,  except  so  far  as  is  absolutely 
necessary  to  enable  such  electors  as  cannot  read  English  to  have  assistance 
in  marking  it.  The  only  test  of  the  ability  of  the  voter  to  read  English  is 
his  oath.  Xo  other  test  is  permissible,  and  it  is  unlawful  for  any  inspector 
to  assist  in  marking  a  ballot  for  any  elector,  until  such  elector  shall  have 
first  taken  the  oath. — Att'y  Gen.  v.  May,  99  /  544.  At  the  expense  of  the 
secrecy  of  the  ballot,  the  law  provides  a  method  of  aiding  electors  who  are 
physically  incapacitated  or  unable  to  read  English.  It  does  not  deprive  those 
voters  of  any  right,  but  rather  secures  to  them  aid  in  voting  intelligently. — 
Id.  547. 

(142)  §3643.     SEC.  33.     It    shall    be    unlawful    for    the  unlawful  to 
board,  or  any  of  them,  or  any  person  in  the  polling  room  or  £52!"" 
any  compartment  therewith  connected,  to  persuade  or  to  en- 
deavor to  persuade  any  person  to  vote  for  or  against  any 
particular  candidate  or  party  ticket. 

(143)  §  3644.     SEC.  34.  "  If   the    elector   votes   for   more  voting  for 
than  one  candidate  for  the  same  office,  said  ballot  shall  not 

be  counted  for  those  persons,  but  shall  be  as  to  them  null 
and  void.    If  any  elector  inadvertently  spoils  a  ballot  he  may  spoiled  ballot, 
obtain  another  from  the  board  by  returning  such  spoiled  bal- 
lot to  the  board,  who  shall  preserve  the  same  for  return  to 
the  city  or  township  clerk. 

The  only  instance  in  which  an  unnecessary  mark  is  recognized  as  possible  » 
Is  in  above  section,  where  it  is  provided  that,  if  the  elector  votes  for  more 
than  one  person  for  the  same  office,  such  ballot  shall  not  be  counted  for  those 
persons,  but  shall  be.  as  to  them,  null  and  void. — Att'y  Gen.  v.  Glaser,  1027 
401.  Distinguishing  marks  fraudulently  placed  on  the  ballots  after  they  were 
cast  do  not  vitiate  them. — Att'y  Gen.  v.  Blanck,  107  /  85. 

(144)  §  3645..     SEC.  35.     The  board  of  inspectors  of  elec- Board  to  pre- 
tion,  shall  preserve  the  unused  ballots  together  with  the  bal-  Kot^' 
lots  which  have  been  spoiled,  and  return  the  same  to  the  city 

or  township  clerk,  with  a  statement  of  the  number  of  ballots 
used,  and  there  shall  be  given  by  the  clerk  to  the  inspectors 
of  election  a  receipt  therefor,  which  shall  be  filed  with  the 
chairman  of  the  board. 

(145)  §  3646.     SEC.  36.     Immediately     on     closing     the  canvass  of 
polls,  the  board  shall  proceed  to  canvass  the  votes.    Such  can-  inducted, 
vass  shall  be  public  and  shall  commence  by  a  comparison  of 

the  poll  lists  and  a  correction  of  any  mistakes  that  may  be 
found  therein  until  they  shall  be  found  or  made  to  agree.    The 
box  shall  then  be  opened  and  the  whole  number  of  ballots 
counted.   If  the  ballots  shall  be  in  excess  of  the  number  of  the 
electors  voting  according  to  the  poll  lists  they  shall  be  re- 
placed in  the  box  and  one  of  the  inspectors  shall  publicly 
draw  out  and  destroy  so  many  ballots  therefrom  unopened 
as  shall  be  equal  to  such  excess.     They  shall  first  select  and  counting  of 
count  the  straight  tickets,  and  give  the  number  to  each  can-  M 
didate  voted  for  on  the  straight  ticket.     All   other  tickets 
shall  be  laid  on  the  table  and  counted  in  regular  order  in  such 
subdivisions  thereof  as  may  be  convenient  for  a  prompt  and 
careful  determination  of  the  result  of  such  election.     In  the  what  ballots 
canvass  of  the  votes,  any  ballot  which  is  not  indorsed  with  vo1  ' 
the  initials  of  the  inspector  as  provided  in  this  act,  and  any 
ballot  which  shall  bear  an  distinguishing  mark  or  mutilation 
shall  be  void,  and  shall  not  be  counted,  and  any  ballot,  or  part 


60 


STATE  OF  MICHIGAN. 


of  a  ballot,  from  which  it  is  impossible  to  determine  the 
elector's  choice  of  candidates  shall  be  void  as  to  the  candi- 
Proviso,  date  or  candidates  thereby  affected:  Provided,  however,  That 
all  such  ballots  shall  be  preserved,  marked  by  the  inspectors 
"not  counted"  and  kept  separate  from  the  others  by  being 
tied  or  held  in  one  package  by  a  rubber  band  or  otherwise. 

See  notes  to  sections  124,  131  and  135. 

IMMEDIATE  CANVASS  :  The  provisions  for  an  immediate  canvass  of  the 
ballots  were  expressly  designed  to  guard  against  fraudulent  tampering  with 
votes  before  counting. — People  v.  Sackett,  14/325.  The  election  law  is  posi- 
tive that  the  official  count  of  the  ballots  shall  be  made  immediately,  in  public, 
and  the  result  ascertained  and  declared  publicly,  and  an  official  statement  made 
of  the  result. — Keeler  v.  Robertson,  27  /  128-9.  But  the  neglect  of  the  board 
to  complete  the  canvass  on  the  night  of  the  election  and  the  dating  of  their 
report  on  the  next  day  ought  not  to  result  in  the  disfranchisement  of  the 
voters  and  should  not  be  so  held,  except  where  the  plain  provisions  of  the 
statute  require  it. — Att'y  Gen.  v.  Glaser,  102  /  397. 

EXCESS  OF  BALLOTS :  Att'y  Gen.  v.  May,  99  /  556 ;  People  v.  Cicott. 
16  /  283. 

DISTINGUISHING  MARKS:  Att'y  Gen.  v.  May,  99/566;  Att'y  Gen.  v. 
Glaser.  102  /  396  ;  Att'y  Gen.  v.  Howcroft,  107  /  85.  The  evident  intent  of  this 
provision  was  to  provide  against  voters  marking  the  individual  ballot  which 
they  cast  in  such  manner  as  to  distinguish  it. — Lindstrom  v.  Canvassers. 
94  /  471. 

BALLOTS  FOLDED  TOGETHER:  Under  the  old  law,  if  two  or  more  bal- 
lots were  found  so  folded  together  as  to  present  the  appearance  of  a  single 
ballot,  both  were  to  be  destroyed,  thus  depriving  the  person  casting  them  of  his 
vote,  whether  the  folding  was  intentional  or  done  by  mistake. — Harbaugh  v. 
*  Cicott,  33  /  241. 

DUTIES  MINISTERIAL  :  The  duties  of  canvassing  boards  are  simply  minis- 
terial ;  their  whole  duty  consists  in  ascertaining  who  are  elected  and  in  authen- 
ticating and  preserving  the  evidence  of  such  election. — People  v.  Van  Clevo, 
1  /  366.  The  result  of  an  election  is  determined  by  the  ballots.  The  evidence 
contained  therein  is  the  foundation  of  the  statement  to  be  prepared  by  the 
inspectors.  They  cannot  go  behind  the  ballot  to  ascertain  the  voter's  qualifi- 
cations or  intention.— People  v.  Tisdale,  1  Doug.  59 ;  People  v.  Woodhull, 
14  /  28 ;  Keeler  v.  Robertson,  27  /  116.  The  evidence  of  the  voter  himself 
as  to  his  intention  is  not  admissible. — People  v.  Higgins,  3  /  233.  See  also 
People  v.  Cicott,  16  /  320  ;  People  v.  Board,  11  /  111. 

CANVASS  FINAL  :  The  action  of  the  inspectors  is  final,  when  they  have 
finished  their  count  and  sealed  up  the  ballots.  Every  opening  of  the  ballots 
thereafter,  except  upon  an  election  contest,  when  they  will  be  needed  in  court, 
is  an  unlawful  act  and  cannot  be  made  the  basis  of  official  action. — Keeler  v. 
Robertson,  27  / 129.  When  inspectors  of  election  have  completed  their  count 
and  executed  and  delivered  their  returns  to  the  proper  officer,  their  legal 
powers  end,  and  any  attempt  on  their  part  to  change  or  modify  such  returns 
in  any  particular  involving  other  than  a  mere  clerical  duty  is  clearly  beyond 
their  powers. — Roemer  v.  Canvassers,  90  /  30. 


etc. 


Disposition  of  (146)  §  3647.  SEC.  37.  After  the  ballots  are  counted 
ballots,  box,  tlley  shai1?  together  with  one  tally-sheet,  be  placed  in  the  bal- 
lot box  which  shall  be  securely  sealed  in  such  a  manner  that 
it  cannot  be  opened  without  breaking  such  seal.  The  ballot 
box  shall  then  be  placed  in  charge  of  the  township  or  city 
clerk,  but  the  keys v  of  said  ballot  box  shall  be  held  by  the 
chairman  of  the  board  and  the  election  seal  in  the  hands  of 
one  of  the  other  inspectors  of  election. 

(147)  §  3648.  SEC.  38.  Immediately  after  the  count  of 
the  tickets  or  ballots  has  been  completed,  the  result  and  the 
number  of  votes  received  by  each  candidate  or  person  on  the 
ticket  shall  be  publicly  declared'  by  one  of  the  inspectors. 
The  inspectors  shall  then  prepare  a  statement  of  the  result 
in  duplicate  showing  the  whole  number  of  votes  cast  for  each 
office,  the  names  of  the  persons  for  whom  such  votes  were 
given  and  the  number  each  person  received,  in  which  state- 
ments the  whole  number  of  votes  given  for  each  office  and  the 
number  given  for  each  person  shall  be  written  out  in  words 


How  result 
declared. 


Statement  of 
result. 


ELECTION  LAWS.  61 


at  length.  Such  duplicate  statements,  when  certified  by  the 
inspectors  and  duly  signed  shall  be  delivered  to  the  town- 
ship or  city  clerk,  and  shall  by  said  clerk  be,  within  twenty- 
four  hours  after  the  result  is  declared,  delivered  in  person 
or  immediately  forwarded  by  registered  mail,  one  copy  to  the 
board  of  county  canvassers  in  care  of  the  judge  or  register  of 
probate,  and  the  other,  together  with  one  of  the  original  tally 
sheets,  to  the  county  clerk,  which  said  statements  and  tally 
sheets  shall  be  placed  in  separate  envelopes  and  sealed  by 
said  inspectors  before  their  delivery  to  the  towrnship  or  city 
clerk. 

Am.   1901,   act   214. 

See  Curran  v.  Norris,  58  /  512  ;  Belknap  v.  State  Canvassers,  95  /  155  ;  Att'y 
Gen.   v.  Glaser,  102  /  397. 

(148)  §  3649.     SEC.  39.     The    gate    keepers    of    elections  powers  and 
shall  be  peace  officers  at  polling  places,  and  are  hereby  dele-  keeper^ * gate 
gated  power  equal  to  constables  for  the  purpose  of  maintain- 
ing peace  and  quiet  at  the  polls  on  election  day.    They  shall 

have  charge  of  and  keep  the  gates  at  polling,  places  and  shall 
not  allow  any  person  to  approach  within  the  railing  provided 
for  in  section  sixteen,  except  those  authorized  by  law,  and 
qualified  electors,  whom  they  shall  allow  to  pass  through  the 
gates  and  approach  the  ballot  box  or  boxes  for  the  purpose  of 
voting;  and  they  shall  admit  one  elector  at  a  time  only  to 
vote,  and  shall  cause  said  elector  to  retire  without  the  gate 
and  railing  as  soon  as  he  has  voted ;  and  no  person  shall  in  Penalty  for 
any  manner  interfere  with  a  gate  keeper  of  election  in  the 
discharge  of  his  duty,  and  it  shall  be  unlawful  for  the  gate 
keepers  to  aid,  assist,  suggest,  advise  or  entreat  an  elector 
to  prepare  his  ballot  in  a  particular  manner,  or  to  coerce  or 
attempt  to  coerce  an  elector  in  any  way  to  vote  or  to  refrain 
from  voting  for  any  particular  person  or  party.  No  person  Eligibility  of 
shall  be  eligible  to  fill  the  office  of  gate  keeper  of  election  on  g£ 
any  election  day  when  his  name  shall  be  on  any  ticket  at 
said  election.  Gate  keepers  of  [elections]  election  shall  be 
at  the  polling  place  at  the  opening  of  the  polls,  and  shall  re- 
main there  until  the  closing  of  the  polls,  and  shall  receive 
as  compensation  two  dollars  per  day  for  each  day's  work  compensation 
while  actually  engaged. 

(149)  §  3650.     SEC.  40.     No   election   shall   be   held,   nor 

shall  any  election  be  appointed  to  be  held  in  any  saloon  or  tn  saloons. 
bar  room,  or  in  any  room  or  place  contiguous  with  or  ad- 
joining thereto.  Should  any  place  be  designated  or  appointed 
for  holding  an  election  in  violation  hereof,  or  become  subject  polling  place, 
to  such  objection  after  having  been  so  designated,  the  inspec- 
tors of  election  shall  have  power,  and  it  shall  be  their  duty, 
on  or  before  the  day  of  such  election,  and  before  the  open- 
ing of  the  polls  on  such  day,  to  procure  a  suitable  place  as 
near  thereto  as  may  be,  not  subject  to  like  objection.  Said 
inspectors  shall  meet  at  the  place  first  designated  at  the  time 
for  opening  the  poll,  and  after  any  vacancies  in  their  num- 


62  STATE  OF  MICHIGAN, 


ber  shall  have  been  filled,  adjourn  to  the  place  chosen  by  them, 
Notice  of  and  at  the  time  of  said  adjournment,  give  public  notice  to 
the  electors  present  by  proclamation  of  such  change,  and  post 
in  a  conspicuous  manner  notice  of  the  place  where  such  elec- 
tion shall  be  held,  and  all  expenses  attending  such  change 
shall  be  certified  by  said  inspectors  to  the  proper  authorities 
and  shall  be  allowed  and  paid  accordingly. 

The  adjournment  of  an  election  in  good  faith  from  one  polling  place  to 
another  is  at  most  an  irregularity,  unless  it  prevents  persons  from  voting 
or  prejudices  the  rights  of  candidates;  and  such  an  irregularity  will  not  sus- 
tain proceedings  in  the  nature  of  quo  warranto  against  the  successful  candi- 
date, in  the  absence  of  any  showing  that  if  the  change  had  not  been  made 
the  result  would  have  been  different. — Farrington  v.  Turner,  53  /  27. 

Liquors, bring-       (150)      §  3651.     SEC.  41.     Any  person  or  persons  introduc- 
mfid'emearior!    ing  in  any  way,  upon  election  day,  into  the  building  where 
an  election  is  being  held,  any  spirituous  or  malt  liquors,  and 
any  inspector  or  clerk  of  election  drinking  any  such  liquors 
in  such  place,  or  being  intoxicated  therein  upon  election  day, 
Penalty  for.      shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  before  any  court  of  competent  jurisdiction,  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or 
by  imprisonment  not  exceeding  sixty  days,  or  by  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  court. 
Time  voter  (151)     §  3652.     SEC.  42.     The  board  of  election  may  make 

inabooth!air  such  regulations  as  they  deem  proper,  limiting  the  time  in 
which  an  elector  may  remain  in  the  room  or  booth  while  pre- 
paring and  voting  his  ballot;  such  limitation,  however,  shall 
not  be  less  than  one  nor  more  than  five  minutes. 

See    section    521. 

The  provisions  of  this  section  authorizing  the  board  of  elections  to  limit 
the  time  which  a  voter  may  remain  in  the  room  or  booth  while  preparing  and 
voting  his  ballot  is  applicable  to  elections  in  cities  as  well  as  towns,  and 
it  is  the  imperative  duty  of  such  boards  to  limit  the  time  as  provided  in 
said  section. — Common  Council  v.  Rush,  82  /  533. 

unlawful  for         (152)     §  3653.     SEC.  43.     It  shall  not  be  lawful  for  any 
aid  hisaefec-      candidate  for  any  elective  office  with  intent  to  promote  his 
manner °ertain  election,  or  for  any  other  person  with  intent  to  promote  the 
election  of  any  such  candidate  either : ' 

First,  To  provide  or  furnish  entertainment  at  his  expense 
to  any  meeting  of  electors  previous  to  or  during  the  election 
at  which  he  (shall)  may  be  a  candidate;  or 

Second,  To  pay  for,  procure,  or  engage  to  pay  for  any  such 
entertainment ;  or, 

Third,  To  contribute  money  for  any  other  purpose  intended 
to  promote  an  election  of  any  particular  person  or  ticket,  ex- 
cept for  the  defraying  the  expenses  of  office  room  or  hall  rent, 
postage,  stationery  and  clerk  hire,  music  at  public  meetings, 
the  pay  and  expense  of  public  speakers,  transportation  of 
committeemen,  the  pay  of  challengers  at  the  polls  and  of 
persons  to  inspect  the  registration  of  voters  and  of  persons 
employed  to  make  lists  of  the  votes  in  election  precincts,  and 
of  printing,  and  the  circulation  of  handbills  and  other  papers 


ELECTION  LAWS.  63 


previous  to  any  such  election,  or  for  conveying  electors  to  the 
polls. 

Section  44  is  repealed  by  act  61  of  1901. 

(153)  §  3655.     SEC.  45.     Any    person    who    shall    know- violation  of 
ingly  violate  any  of  the  provisions  of  this  act,  or  shall  wil-  felony  be 
fully  neglect  or  refuse  to  perform  any  duty  enjoined  upon  him 
hereby,  or  shall  disclose  to  any  other  person  the  name  of  any 
candidate  voted  for  by  any  elector,  the  contents  of  whose  bal- 
lot shall  have  been  seen  by  such  person,  or  shall  in  any  man- 
ner obstruct  or  attempt  to  obstruct  any  elector  in  his  exer- 
cise of  his  duties  as  such  elector  under  this  act,  shall  be 
deemed  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  Penalty. 
punished  by  a  fine  not  exceeding  one  thousand  dollars,  or 
imprisonment  in  the  State  prison  not  exceeding  two  years, 

or  by  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court. 

McLaughlin  v.  Burroughs,  90  /  314 ;  Att'y  Gen.  v.  McQuade,  94  /  442 ; 
Att'y  Gen.  v.  May.  99  /  544. 

Section  46  repeals  all  acts  or  parts  of  acts  contravening  the  provisions  of 
this  act. 

(154)  §  3656.     SEC.  47.     At    the    general    election    to   be  Opening  and 
held  in  this  State  on  the  first  Monday  of  April,  eighteen  hun-  poi?sng ' 
dred  and  ninety-three,  or  in  any  second  year  thereafter,  the 

polls  of  such  election  in  townships  and  cities,  shall,  for  all 
purposes,  open  and  close  at  the  times  herein  prescribed  for 
the  opening  and  closing  of  polls,  anything  in  act  number  one 
hundred  and  ninety-four  of  the  public  acts  of  eighteen  hun- 
dred and  ninety-one,  or  in  any  other  statute,  local  or  general, 
to  the  contrary  notwithstanding :  Provided,  That  this  section  Proviso, 
shall  not  be  construed  as  forbidding  a  noon  adjournment  in 
townships. 

For  act  194  of  1891,   see  sections  200-202. 

(155)  §  3657.     SEC.  48.     Whenever      anv      constitutional. Constitutional 

. ,  ,     ,  amendments 

amendments  or  other  questions  are  proposed  to  be  submitted  on  separate 
to  the  electors,  the  board  of  election  commissioners  of  each  baUot- 
county  shall  cause  them  all  to  be  printed  on  one  ballot,  sepa- 
rate and  distinct  from  the  ballot  containing  the  names  of 
nominees  for  public  office,  the  substance  of  each  amendment 
or  other  question  to  be  clearly  indicated  upon  said  ballot  by 
a  suitable  designation  in  distinct  and  easily  legible  type, 
with  the  words  "yes"  and  "no"  printed  below  it  in  separate 
lines.  The  elector  shall  designate  his  vote  on  each  separate 
question  submitted  by  a  cross  mark  (x)  placed  opposite  the 
word  "yes"  or  the  word  "no"  under  such  question  in  a  suit- 
able place  provided  therefor.  The  said  ballots  shall  be  of 
uniform  size  and  of  the  same  quality  of  white  paper,  and 
sufficiently  thick  that  the  printing  cannot  be  distinguished 
from  the  back.  They  shall  be  delivered  to  the  inspectors  and 
electors,  and  voted  and  canvassed  in  all  respects  in  the  same 


64 


STATE  OF  MICHIGAN. 


manner  and  subject  to  the  same  regulations,  restrictions  and 
penalties  heretofore  provided  in  this  chapter  for  the  ballots 
containing  the  names  of  the  nominees  for  public  offices,  ex- 
How  ballot  cept  that  separate  ballot  boxes  shall  be  kept  and  used,  the 
ed*  box  for  the  deposit  of  the  ballots  for  nominees  being  desig- 
nated by  the  words  "Public  officers,'7  plainly  printed  or 
painted  thereon,  so  as  to  be  readily  seen  by  each  elector,  and 
the  box  for  the  deposit  of  ballots  for  constitutional  amend- 
ments and  other  questions  to  be  designated  by  the  words 
"Propositions  submitted'7  in  the  same  manner. 

See  sections  536-7  infra. 


Poll  lists  to  be 
filed,  etc. 


Separate 


tain  offices. 


AN  ACT  TO  PROVIDE  FOR  HOLDING  GENERAL  AND 
SPECIAL  ELECTIONS. 

(CONTINUED.) 

[Act  175  of  1851.] 

POLL   LISTS. 

(156)  §  3661.     SEC.  42.     One   of   the   poll   lists   shall   be 
delivered  to  the  township  clerk,  and  the  other  to  the  county 
clerk,  which  lists  shall  be  filed  and  preserved  by  them  in  their 
respective  offices.    In  a  city,  the  ballots,  and  one  of  such  poll 
lists  and  statements,  shall  be  delivered  to  the  city  clerk,  and 
shall  be  kept  and  preserved  by  him. 

Disposition  of  tally  sheets  and  inspectors  statements,  see  section  147. 

Sections  43  to  48  relate  to  the  board  of  county  canvassers,  its  organiza- 
tion and  meeting,  and  are  deemed  to  have  been  superseded  by  act  149  of  1895. 
For  this  act  of  1895,  see  sections  209  to  221. 

(157)  §  3675.     SEC.  49.     They     shall    make    a    separate 
statement,  containing  the  whole  number  of  votes  given  in  such 
county,  for  the  offices  of   governor,  lieutenant  governor,  sec- 
retary of  state,  state  treasurer,  auditor  general,  attorney  gen- 
eral,  superintendent  of  public   instruction,   commissioner   of 
the  state  land  office,  and  members  of  the  state  board  of  edu- 
cation, the  names  of  the  persons  to  whom  such  votes  were 
given,  and  the  number  of  votes  given  to  each  ;  another  similar 
statement  of  the  votes  given  for  electors  of  president  and 
vice  president  of  the  United  States,  each  year  in  which  such 
electors  are  to  be  chosen;  another  similar  statement  of  the 
votes  given  for  representative  in  congress  ;  another  of  the  votes 
given  for  senator,  when  the  county  alone  does  not  constitute 
a  senatorial  district;  another  of  the  votes  given  for  represen- 
tative in  the  State  legislature,  when  the  county  alone  does 
not  constitute  a  representative  district;  another  of  the  votes 
given  for  senator  or  representative,  when  the  county  alone 
constitutes  but  one  senatorial  or  representative  district;  and 
another  of  the  votes  given  for  county  officers. 


ELECTION  LAWS.  65 


(158)  §  3676.     SEC.  50.     The  several  senatorial  and  rep-  idem, 
resentative  district  canvassers  shall,  where  a  county  is  divided 

for  such  purposes,  also  make  a  statement  of  the  whole  num- 
ber of  votes  given  in  each  respective  district  for  the  office  of 
senator  or  representative,  or  both,  as  the  case  may  be,  which 
several  statements  shall  set  forth  the  number  of  each  of  such 
districts,  the  number  of  votes  given  to  each  of  the  persons 
voted  for  in  each  of  such  districts,  respectively. 

(159)  §  3677.     SEC.  51.     In  each  of  said  statements,  the  what  state- 
whole  number  of  votes  given,  the  names  of  the  candidates,  £2? to  con~ 
and  the  number  of  votes  given  to  each,  shall  be  written  out 

in  words  at  length;  and  each  statement  shall  be  certified  as 
correct,  and  attested  by  the  signatures  of  the  chairman  and 
secretary  of  the  respective  boards,  and  a  copy  of  each,  thus 
certified  and  attested,  shall  be  delivered  to  the  county  clerk,  statement  to 
and  recorded  by  him  in  a  suitable  book,  to  be  provided  by  him  etc.rec°rded' 
for  that  purpose,  at  the  expense  of  the  county,  and  kept  in 
his  office. 

Rich  v.  State  Canvassers,  100  /  461. 

(160)  §  3678.     SEC.  52.     The  county  and  district  boards  petermina- 
shall  then  determine  the  persons  who  have  been,  by  the  great-  of°£ersonsar< 
est  number  of  votes,  elected  to  the  county  offices,  and  mem-  elected- 
bers  of  the   legislature,  when   the   county   alone   constitutes 

one  or  more  senatorial  or  representative  districts,  and  such 
determinations  shall  be  certified  and  attested  by  the  chairman 
and  secretary  of  the  respective  boards,  and  be  annexed  to  the 
statement  of  votes  given  for  such  officers  respectively,  and 
shall  be  recorded  with  such  statements  by  the  county  clerk  in 
his  office:  Provided,  That  in  elections  for  members  of  the  Proviso, 
legislature,  or  county  officers,  if  it  shall  appear  on  the  legal 
canvass  of  the  votes  polled  at  such  election,  that  two  or  more 
persons  have  received  an  equal  number  of  votes  for  the  same 
office,  and  that  a  failure  to  elect  to  any  office  is  caused 
thereby,  such  persons  shall  proceed  to  draw  lots  for  the  elec- 
tion to  said  office  in  the  following  manner :  The  board  of  Proceedings 
canvassers  for  the  county  or  district  in  which  such  election  more  persons 
was  held  shall  appoint  a  day  for  the  appearance  of  all  such 
persons  before  the  proper  officer  hereinafter  provided,  for  votes 
the  purpose  of  determining  by  lot  among  such  persons  the 
right  to  such  office,  and  shall  cause  notice  thereof  to  be  given 
to  all  such  persons  interested.  The  officer  before  whom  such 
drawing  is  to  take  place  shall  prepare  as  many  slips  of  paper 
as  there  are  such  persons,  and  write  the  word  "Elected"  on 
as  many  slips  of  paper  as  there  are  offices  to  be  filled,  and 
the  words  "Not  elected"  on  the  remaining  slips,  and  fold 
the  same  so  as  to  conceal  the  writing,  and  so  that  they  may 
appear  as  nearly  alike  as  possible.  Said  slips  shall  be  placed 
in  a  box,  and  at  the  time  and  place  appointed  for  the  draw- 
ing of  said  lots,  each  of  such  persons  aforesaid  may  draw 
one  of  said  slips  from  the  box;  and  any  such  person  drawing 
9 


66 


STATE  OF  MICHIGAN. 


a  slip  on  which  is  written  the  word  "Elected,"  shall  be  deemed 
legally  elected  to  the  office  in  question;  and  the  officer  con- 
ducting such  drawing  shall  forthwith  give  him  a  certificate 
of  such  election.  If  the  drawings  under  the  provisions  of 
this  section  are  for  the  office  of  senator  or  representative  in 
the  State  legislature,  and  the  district  exceeds  the  limits  of  a 
single  county,  then  the  drawing  shall  take  place  before  the 
county  clerk  of  the  county  where  the  district  canvass  is  held  ; 
in  all  other  cases  before  the  county  clerk  of  the  county  where 
Proviso.  each  case  shall  arise:  Provided  further,  That  in  cases  where 
the  office  of  county  clerk  is  in  question,  the  drawing  shall 
take  place  before  the  sheriff  of  the  county. 

DUTIES  MINISTERIAL  :  As  to  the  ministerial  nature  of  the  duties  of  can- 
vassing boards,  see  note  to  section  145. 

DETERMINATION  OF  ELECTION:  No  one  is  elected  to  an  office  unless 
he  receives  more  votes  than  any  other  person,  whether  there  is  in  fact  any- 
such  other  person  in  existence  who  can  take  the  office.  A  minority  candi- 
date can  never  be  deemed  elected.  —  People  v.  Molitor,  23  /  342.  The  deter- 
mination and  statement  of  the  board  of  canvassers  are  not  a  judgment,  nor 
are  they  conclusive.  The  statement  is  but  prima  facie  evidence  and  in  a  con- 
tested election  a  party  may  go  behind  it.  The  county  canvass  may  be  cor- 
rected by  the  township  canvasses  and  those  by  the  ballots  themselves.  — 
People  v.  Van  Cleve,  1/364;  People  v.  Cicott,  16/283;  Keeler  v.  Robertson, 
27  /  116  ;  Harbaugh  v.  Cicott,  33  /  251.  It  is  true  that  the  certificate  of  the 
canvassers  is  the  authority  upon  which  the  person  who  receives  it  enters 
upon  his  office  and  it  is  to  him  prima  facie  evidence  of  his  title  thereto. 
Whether  rightfully  or  wrongfully  given  by  the  canvassers,  it  confers  JJie  right 
to  hold  the  office  until  that  right  is  voluntarily  surrendered  or  defeated  by  a 
judicial  determination  against  it.  —  People  v.  Van  Cleve,  1  /  366  ;  People  v. 
Mayworm,  5  /  146  ;  People  v.  Miller,  16  /  59.  See  Wayne  Auditors  v.  Benoit, 
20/176;  People  v.  Marion,  29/38. 

DRAWING  LOTS  :  This  provision  of  law  cannot  be  construed  as  a  regula- 
tion under  the  power  of  the  legislature  to  declare  and  fill  vacancies  ;  it  applies 
to  cases  where  no  vacancy  in  fact  exists.  The  result  reached,  when  followed 
by  a  formal  drawing,  is  not  conclusive  upon  the  candidates  and  the  public  ; 
and  the  effect  to  be  given  to  a  certificate  granted  under  these  provisions  is  no 
greater  than  to  one  granted  under  other  provisions.  —  Keeler  v.  Robertson, 
27  /  116.  In  case  of  the  inability  of  the  sheriff  to  conduct  a  drawing  it  may 
be  conducted  by  his  deputy.  —  Evans  v.  Sutherland,  41  /  177. 

Duplicate  (161)     §  3679.     SEC.-  53.     The   said   board    shall,   without 

v^eTfoJsena-  delay,  make  a  duplicate  statement  of    the  votes    given  for 

tor,  etc  senator,  When  the  county  alone  does  not  constitute  a  sena- 

torial district,  and  deliver  the  same  to  the  clerk  of  the  county, 

to  be  delivered  by  him  to  the  senatorial  district  canvassers. 

Said  board  shall  also  make  a  duplicate  statement  of  votes 

given  for  representative  in  the  State  legislature,  when  the 

county  alone  does  not  constitute  a  representative  district,  and 

deliver  the  same  to  the  said  clerk,  to  be  by  him  delivered  to 

the  representative  district  canvassers. 

Section  54  is  superseded  by  section  6,  act  149  of  1895,  see  section  214  of 
this  compilation. 

Rich  v.   Bd.  of  Canvassers,   100/461. 


certificate  of 


e?ecteerd°ns 


(162)  §  3680.  SEC.  55.  He  shall  also  prepare  as  many 
certified  copies  of  each  certificate  of  the  determination  of  the 
board  of  county  canvassers,  as  well  as  of  the  several  district 
canvassers,  if  such  county  shall  be  divided  for  representa- 
tive purposes,  as  there  are  persons  declared  in  such  certifi- 
cates to  be  elected,  and  shall,  without  delay,  deliver  one  of 
such  copies  to  each  person  so  declared  to  be  elected. 

"He"  refers  to  the  county  clerk. 
Hilton  v.  Common  Council,   112  /  500. 


ELECTION  LAWS.  *67 


(163)  §  3681.     SEC.  56.     The   county   clerk   shall,   within  cierk  to  trans- 
thirty  days  after  a  general  election,  transmit  to  the  secretary  ?esentsati°vesep" 
of  state  at  Lansing,  a  list  of  the  members  of  the  legislature,  fiJ^J^JJ^Jl 
elected  in  the  county,  designating  both  the  senators  and  rep-  tary  of  state. 
resentatives  by  their  respective  districts,  and  also  a  list  of  all 

the  county  officers  elected  in  such  county  at  such  election  to- 
gether with  the  respective  post  office  addresses  of  all  such 
senators,  representatives  and  county  officers. 

(164)  §  3682.     SEC.  57.     Whenever  any  amendment  shall  votes  im 
have  been  proposed  to  the  constitution,  and  agreed  to,  and  Imenlment  to 
submitted  to  the  people,  pursuant  to  the  provisions  of  the  con-  howVaken* and 
stitution,   the   votes   of   the   electors   for   and   against   such  canvassed, 
amendments  shall  be  taken,  canvassed,  certified,  and  recorded, 

and  certified  copies  of  the  statement  thereof  shall  be  made  const,  art.  20. 
and  transmitted  by  the  several  county  clerks  to  the  governor, 
secretary  of  state,  and  state  treasurer,  within  the  same  time 
and  in  the  same  manner  as  the  votes  for  State  officers  are  by 
law  required  to  be  taken  and  canvassed,  and  the  statements 
thereof  to  be  certified,  recorded,  and  transmitted.  But  when 
any  proposed  amendment  shall  be  submitted  to  the  people  at 
a  spring  election,  the  county  canvass  thereof  shall  be  on  the 
second  Tuesday  succeeding  such  election. 

Atf  y   Gen.   v.   Jochim,   99  /  358  ;   Rich   v.    State   Canvassers,   100  /  461. 

(165)  §  3683.     SEC.  58.     Whenever  any  banking  law  for  Of  banting- 
banking  purposes,  or  amendments  thereof,  shall  have  been  S 
passed  by  the  legislature,  approved  by  the  governor,  and  sub- 
mitted to  the  people,  pursuant  to  the  provisions  of  the  .con- 
stitution, if  the  vote  thereon  shall  be  required  to  be  taken  at 

a  general  election,  the  votes  of  the  electors  for  and  against 
such  banking  law,  or  amendment  thereof,  shall  be  taken,  can- 
vassed, certified,  and  recorded,  and  certified  copies  of  the 
statements  thereof  shall  be  made  and  transmitted  by  the  sev- 
eral county  clerks  to  the  governor,  secretary  of  state,  and 
state  treasurer,  at  the  same  time  and  in  the  same  manner 
as  the  votes  for  State  officers  are  by  law  required  to  be  taken 
and  canvassed,  and  statements  thereof  to  be  certified,  re- 
corded, and  transmitted. 

The  constitution  does  not  now  require  amendments  to  the  general  banking 
law  to  be  submitted  to  the  people.  Const.  Art.  15,  sec.  2. 


DISTRICT   CANVASS. 

(166)      §  3684.     SEC.  59.     In  each  election  district  for  the  District  can- 
election  of  a  senator  or  representative  in  the  State  legisla-  vas! 
ture,  the  limits  of  which  shall  be  greater  than  those  of  a 
county,  there  shall  be  a  board  of  district  canvassers,  and  the 
clerks  of  the  several  counties  within  the  district,  the  judge 
of  probate,  and  the  sheriff  of  the  county  in  which  the  meet- 
ings of  the  board  are  to  be  held,  shall  constitute  such  board. 


68  STATE  OF  MICHIGAN. 


Quorum  of  (167)     §  3685.     SEC.  60.     Any    three    of    said    canvassers 

shall  be  a  quorum  for  the  transaction  of  the  business  of  said 
board;  and  in  case  there  shall  not  be  three  of  the  members 
of  such  board  present  at  any  such  meeting,  the  register  of 
deeds  or  the  county  treasurer  of  the  county  where  any  such 
meeting  is  appointed  to  be  held,  or  both  of  them,  may  act  as 
members  of  such  board;  and,  with  the  other  members  in  at- 
tendance, shall  constitute  a  board  of  not  less  than  three  in 
number. 

Times  and  (168)     §  3686.     SEC.  61.     The  board  shall  meet  in  the  dis- 

places         t-  trjct  for  the  eiecfton  Of  a  representative  in  the  State  legisla- 
ture, on  the  Tuesday  next  after  the  day  on  which  the  county 
canvass  is  appointed  to  be  made,  and  in  districts  for  the  elec- 
tion of  senators,  on  the  third  Tuesday  after  the  county  can- 
vass, at  the  office  of  the  clerk  of  the  county  in  such  district 
having  the  greatest  number  of  inhabitants,  according  to  the 
last  preceding  census,  unless  otherwise  provided  by  law. 
Original  state-      (169)     §  3687.     SEC.  62.     If  either   of  the   county   clerks 
Sfd  before6     shall  be  unable  to  attend  such  canvass  on  the  day  appointed 
board.  therefor,  he  shall,  on  or  before  that  day,  cause  to  be  delivered 

at  the  office  of  the  clerk  of  the  county  in  which  such  meeting 
is  to  be  held,  the  original  statement  of  votes  given  in  his 
county  for  the  officer  to  be  elected  in  such  district,  which 
statement  shall  be  laid  before  said  board. 

Proceedings  of  (170)  §  3688.  SEC.  63.  The  canvassers  shall  then  pro- 
canvassers.  cee(j  |Q  examine  the  statement  of  the  votes  given  in  the  sev- 
eral counties  in  the  district,  and  ascertain  and  determine  what 
persons  have  been  elected,  and  to  what  offices,  and  shall  draw 
up  a  statement  thereof  in  words  at  length,  which  statement 
shall  contain  the  whole  number  of  votes  given  in  the  district 
for  each  office,  and  the  names  of  the  persons  to  whom  such 
votes  were  given;  and  sucli  statement  shall  be  certified  to  be 
correct,  and  to  be  subscribed  by  the  said  canvassers,  or  a 
majority  of  them. 

Board  to  de-         (171)     §  3689.     SEC.  64.    The  canvassers  shall  then  deter- 

sonTSected"     mine  the  persons  elected  to  the  several  offices  within  the  dis- 

c?rtificat<?to     trict,  as  shall  appear  by  such  statement,  and  shall  certify 

county  clerk,    such  determination  under  their  hands,  and  annex  the  same  to 

their  said  statement,  and  deliver  the  same  to  the  clerk  of  the 

county  in  which  their  meeting  shall  be  held,  who  shall  file  the 

same  in  his  office;  and  said  board  shall  cause  a  copy  of  such 

statement  and  certificate  to  be  forthwith  published  in  some 

newspaper  printed  in  the  district. 

Duty 9f county       (172)     §  3690.     SEC.  65.     The  county  clerk,  by  whom  the 
tionVonstate-    sa^  statement  and  certificate  thereto  annexed  shall  be  filed, 
ment,  etc.        shall,  without  delay,  transmit  by  mail  to  the  secretary  of 
state,  a  copy  of  such  statement  and  certificate  of  determina- 
tion, certified  by  him  under  his  hand  and  seal  of  office ;  and  he 
shall  also,  without  delay,  prepare  and  certify  as  many  copies 
of    such    certificate   of   determination   as   there   are   persons 
stated  therein  to  have  been  elected,  and  cause  one  of  said 


ELECTION  LAWS.  69 


copies  to  be  delivered  to  each  person  so  determined  to  be 
elected. 

See  section  222  which  provides  a  special  canvass  of  votes  cast,  to  fill 
vacancies  in  office  of  State  Senator  and  Representative,  during  a  session  of 
the  legislature. 

STATE   CANVASS. 

(173)  §  3692.     SEC.  66.     The  secretary  of  state,  the  state  state  can 
treasurer,  and  the  commissioner  of  the  state  land  office  shall  ers 
constitute  the  board  of  state  canvassers,  any  two  of  whom 

shall  be  a  quorum  for  the  transaction  of  business;  and  if  only 
one  of  said  officers  shall  attend  on  the  day  appointed  for  a 
meeting  of  the  board,  the  auditor  general,  on  being  notified 
by  the  officer  so  attending,  shall,  without  delay,  attend  with 
such  officer,  and  with  him  shall  form  the  board. 

STATE  CANVASSERS:  See  sections  41  and  42  and  notes  thereto.  The 
only  duties  of  the  board  of  state  canvassers  are  to  canvass  the  returns  and 
determine  and  certify  the  result  of  elections.  Theirs  is  the  culminating  act  of 
the  army  of  persons  who  have  had  to  do  with  the  receiving  and  counting, 
recording  and  transmitting,  of  the  votes  which  signify  the  will  of  the  people. 
Their  duties  are  specifically  pointed  out.  The  times  when  they  are  to  meet 
are  provided  by  law.  No  provision  is  made  for  deputies  or  clerks,  but  all 
goes  to  show  that  this  important  duty  is  to  be  performed  by  them  in  person, 
as  the  certificates  signed  by  them  asserts.  It  is  not  confided  to  inferior  offi- 
cials, but  to  three  of  the  state  officers  of  greatest  dignity  and  importance. — 
Atfy  Gen  v.  Jochim,  99/376. 

(174)  §  3693.     SEC.  67.     The  secretary    of    state,  on  the  secretary  of 
receipt  of  the  certified  copies  of  the  statement  of  votes  given  JtatemenS01* 
in  the  several  counties,  directed  by  law  to  be  sent  to  him 

by  the  county  clerks,  shall  record  the  same  in  a  suitable  book 
to  be  kept  by  him  for  that  purpose;  and  if  from  any  county 
clerk  no  such  statement  shall  have  been  received  by  the  secre- 
tary of  state,  on  or  before  the  second  Monday  of  December 
next  after  a  general  election,  and  on  or  before  the  thirtieth  when  to  call 
day  after  a  special  election,  he  shall  call  upon  the  governor  andgst?tenor 
and  state  treasurer,  and  receive  from  them,  or  either  of  them,  statement** 
the  statement  from  such  county  [clerk],  if  the  governor  or- 
state  treasurer  shall  have  received  such  statement. 

The  word  "clerk"  in  the  next  to  the  last  line  does  not  appear  in  the  original 
print  of  this  act ;  but,  since '  the  context  requires  the  word  and  it  has  been 
inserted  in  the  former  compilations,  it  has  been  allowed  to  remain  in  this. 

Newton  v.  Board  of  Canvassers,  94  /  455. 

(175)  §  3694.     SEC.  2.     The  secretary  of  state,  on  the  re-  secretary  of 
ceipt  of  the  certified  copies  of  the  statement  of  votes  given  in  Iregate  vote g" 
the  several  counties,  directed  by  law  to  be  sent  to  him  by  the 

county  clerks,  shall  make  a  record  of  the  aggregate  number 
of  votes  given  for  each  person  in  the  several  counties,  in  a 
suitable  book  to  be  kept  by  him  for  that  purpose,  and  shall 
place  on  file  and  preserve  such  certified  copies  in  his  office. 

NOTE. — The  above  section  is  the  amended  sec.  2,  act  17  of  1853,  entitled 
"An  act  to  amend  section  2  of  chapter  9  of  the  revised  statutes  of  1846." 
The  general  election  act  of  1851  is  believed  to  have  superseded  chap.  9,  to- 
gether with  other  chapters  of  the  revision  of  1846.  But  this  amendatory 
section  2  of  said  chap.  9,  was  retained  by  Judges  Cooley,  Dewey  and  Howell 
and  is  here  inserted,  as  it  contains  some  requirements  not  in  the  act  of  1851. 


70 


STATE  OF  MICHIGAN. 


When  to  call 
on  county 
-clerk  for 
statement. 


Secretary  to 


(176)  §  3695.     SEC.  68.     If,  from  any    county    clerk,    no 
such  statement  shall  have  been  received  by  the  secretary  of 
state,  the  governor,  nor  the  state  treasurer,  within  the  times 
limited,  the  secretary  of  state  shall  forthwith  send  a  special 
messenger  to  obtain  such  statements  and  certificates  from  such 
county  clerk;  and  such  clerk  shall  immediately,  on  demand 
being  made  by  such  messenger  at  his  office,  make  out  and  de- 
liver to  him  the  statements  and  certificates  required. 

Rich  v.   State  Canvassers,  100  /  461. 

(177)  §  3696.     SEC.  69.     For  the  purpose    of    canvassing 
and  ascertaining  the  result  of  elections,  other  than  for  elec- 
tors of  president  and  vice  president,  the  secretary  of  state 
shall  appoint  a  meeting  of  the  state  canvassers,  to  be  held  at 
his  office,  on  or  before  the  fifteenth  day  of  December  next 
after  a  general  election,  and  within  forty  days  after  a  special 
election,  and  shall  notify  the  other  members  of  the  board  of 
the  same. 

Newton  v.  Canvassers,  94  /  457. 

Duty  of  board  (ITS)  §  3697.  SEC.  70.  The  said  board  of  canvassers, 
vassers3.  can"  when  formed  as  aforesaid,  shall  examine  the  statements  re- 
ceived by  the  secretary  of  state,  of  the  votes  given  in  the 
several  counties,  and  make  a  statement  of  the  whole  number 
of  votes  given  for  the  offices  of  governor,  lieutenant  governor, 
secretary  of  state,  state  treasurer,  auditor  general,  attorney 
general,  superintendent  of  public  instruction,  commissioner 
of  the  state  land  office,  and  members  of  the  state  board  of 
education,  which  statement  shall  show  the  names  of  the  per- 
sons to  whom  such  votes  shall  have  been  given  for  either  of 
the  said  offices,  and  the  whole  number  of  votes  given  to  each 
of  such  persons. 

Att'y  Gen.  v.  Jochim,  99  /  377  ;  Rich  v.  State  Canvassers,  100  /  458. 

*  (179)  §  3698.  SEC.  71.  The  said  board  shall  also  pro- 
ceed to  examine  the  statements  received  by  the  secretary  of 
state,  of  the  votes  given  in  the  several  counties,  and  make  a 
statement  of  the  whole  number  of  votes  given  for  the  office  of 
representative  in  congress  in  each  congressional  district; 
which  statement  shall  show  the  names  of  the  persons  to  whom 
such  votes  shall  have  been  given  for  said  office,  and  the  whole 
number  of  votes  given  to  each  person  in  each  respective  dis- 
trict. 

Where  the  board  of  state  canvassers  canvassed  the  votes  for  an  office,  from 
the  returns  before  them,  some  of  which  are  afterwards  declared  invalid,  and 
valid  ones  made  and  returned  after  their  successors  have  entered  upon  their 
duties,  it  is  the  duty  of  the  new  board  of  state  canvassers  to  canvass  the 
new  returns.  —  Belknap  v.  Board  of  Canvassers,  95  /  155. 

Rich  v.   State  Canvassers,  100  /  458. 

(180)  §  3699.  SEC.  72.  The  said  canvassers  shall  cer- 
tify each  statement  made  by  them  to  be  correct,  and  subscribe 
their  names  thereto  ;  and  they  shall  thereupon  determine  what 


Idem. 


Certificate  of 
determination 


ELECTION  LAWS.  71 


persons  have  been,  by  the  greatest  number  of  votes,  duly 
elected  to  each  respective  office,  and  make  and  subscribe  on 
-each  statement  a  certificate  of  such  determination,  and  de- 
liver the  same  to  the  secretary  of  state. 

Att'y  Gen.  v.  Jochim,  99  /  377  ;  Rich  v.  State  Canvassers,  100  /  458.  The 
determination  of  the  board  is  final.  In  case  their  determination  is  contested, 
the  legislature  only  can  decide. — Royce  v.  Goodwin,  22  /  501.  As  to  when  a 
new  board  can  be  compelled  by  mandamus  to  convene  after  the  old  board  has 
gone  out  of  office  and  canvass  the  returns  anew,  see  Belknap  v.  State  Can- 
vassers, 95  /  155  ;  Rich  v.  State  Canvassers,  100  /  453. 

(181)  §  3700.     SEC.  73.     The  secretary  of  state  shall  re- secretary  of 
<iord  in  his  office,  in  a  book  to  be  kept  by  him  for  that  pur- 

pose,  each  certified  statement  and  determination,  so  made  and 
delivered  to  him  by  the  board  of  state  canvassers ;  and  shall,  copy  to  per- 
without  delay,  make  out  and  cause  to  be  delivered  to  each  sons  elected- 
of  the  persons  thereby  declared  to  be  elected,  a  copy  of  such 
determination,  certified  by  him  under  his  seal  of  office. 

(182)  §  3701.     SEC.  74.     For  the   purpose  of  canvassing  votes  for  eiect- 
and  ascertaining  the  votes  given  for  electors  of  president  and  SSit/Sf" 
vice  president  of  the  United  States,  the  board  of  state  can-  wnen  and  how 
vassers  shall  meet  on  the  Wednesday  next  after  the  third  ca 
Monday  of  November,  or  on  such  other  day  before  that  time 

as  the  secretary  of  state  shall  appoint ;  and  the  powers,  duties 
and  proceedings  of  said  board,  and  of  the  secretary  of  state, 
in  sending  for,  examining,  ascertaining,  determining,  certify- 
ing and  recording  the  votes  and  results  of  the  election  of  such 
•electors,  shall  be  in  all  respects,  as  near  as  may  be,  as  herein- 
before provided  in  relation  to  sending  for,  examining,  ascer- 
taining, determining,  certifying  and  recording  the  votes  and 
results  of  the  election  of  State  officers. 

(183)  §  3702.     SEC.  75.     The     secretary    of    state     shall,  copy  of  certifi- 
without  delay,  cause  a  copy  of  the  certified  determination  of  SS?atio?tSrbe 
the  board  of  state  canvassers,  declaring  the  persons  elected  d^^d  to 
as  such  electors,  to  be  transmitted  and  delivered  by  special  eSfted! 
message  or  otherwise,  to  each  of  the  persons  so  declared  to  be 

elected,  which  copies,  shall  be  certified  under  his  hand  and  seal 
of  office. 

(184)  §  3703.     SEC.  76.    For  the  purpose   of   canvassing  canvass  of 
and  ascertaining  the  result  of  the  vote  upon  any  proposed  JSSdment  to 
amendment  to  the  constitution,  or  approval  of  any  banking 

law,  or  amendment  thereof,  the  secretary  of  state  shall  ap-  law. 
point  a  meeting  of  the  state  board  of  state  canvassers,  to  be 
held  at  his  office,  on  or  before  the  twentieth  day  of  the  month 
next  after  such  election;  at  which  meeting  the  said  secretary 
shall  lay  before  the  board  the  statement  received  by  him  of  the 
votes  given  in  the  several  counties  for  or  against  such  amend- 
ment to  the  constitution,  or  for  and  against  the  approval  of 
such  banking  law,  or  amendment  thereof,  as  the  case  may  be. 

(185)  §  3704.     SEC.  77.     The  board  shall  then  proceed  to  Board  to  ascer- 
examine  such  statements,  and  to  ascertain  and  determine  the  n3nea§iede1 
result,  and  shall  make  and  certify,  under  their  hands,  a  state- result- 
ment  of  the  whole  number  of  votes  given  for,  and  the  whole 


72  STATE  OF  MICHIGAN. 


number  of  votes  given  against,  such,  amendment  of  the  consti- 
tution, or  for  or  against  the  approval  of  such  banking  law,  or 
amendment  thereof,  as  the  case  may  be;  and  they  shall  there- 
upon determine  whether  such  amendment  to  the  constitution, 
or  such  banking  law,  or  amendment  thereof,  as  the  case  may 
be,  has  been  approved  and  ratified  by  a  majority  of  the 
electors  voting  thereon,  and  shall  make  and  subscribe  on  such 
statement  a  certificate  of  such  determination,  and  deliver  the 
same  to  the  secretary  of  state. 

Determination  (186)  §  3705.  SEC.  78.  The  secretary  of  state  shall  re- 
by  secretary  of  cord  in  nis  office,  in  a  book  to  be  kept  by  him  for  that  purpose^ 
Ushedaw?tn?ub"  suc^  certified  statement  and  determination ;  and  if  it  shall  ap- 
laws.  pear  that  such  amendment  to  the  constitution,  or  such  bank- 

ing law,  or  amendment  thereof,  has  been  approved  and  rati- 
fied, as  aforesaid,  he  shall  also  record  such  determination  in 
the  book  in  which  the  original  act  of  the  legislature  is  re- 
corded, and  shall  cause  any  amendment  to  the  constitution  to 
be  published  with  the  laws  enacted  by  the  legislature  at  the 
next  succeeding  session  thereof. 

Publication  of  (187)  §  3706.  SEC.  79.  The  secretary  of  state  shall 
ofsTaTe^an-n  cause  a  copy  of  such  determination  and  certificate  of  elec- 
vassers.  ^ion  -j-o  ^e  published  for  two  successive  weeks  in  a  newspaper 

published  at  the  seat  of  government,  immediately  after  re- 
ceiving the  same  from  the  board  of  state  canvassers. 
Adjournment        (188)     §  3707.     SEC.  80.     The  said  board    of    state    can- 
vassers6 c    "  vassers 'shall  have  power  to  adjourn  from  day  to  day,  for  a 
term  not  exceeding  five  days. 

Newton  v.   Canvassers,  94  /  457. 


STATE    BOARD    OF    EDUCATION. 

Election  of  (189)     §  3708.     SEC.  81.     At   the   general   election   to   be 

eof  °efdu-  held  in  the  year  eighteen  hundred  and  fifty-  two,  there  shall  be 


cation.  elected  three  members  of  the  state  board  of  education  —  one 

for  twTo  years,  one  for  four  years,  and  one  for  six  years;  and 
at  each  succeeding  general  election  there  shall  be  elected  one 
member  of  said  board,  who  shall  hold  his  office  for  six  years, 
and  until  his  successor  is  elected  and  qualified;  and  the  bal- 
*  lots  for  the  members  of  the  state  board  of  education  shall 
designate  which  of  the  persons  so  balloted  for,  for  member  of 
said  board,  is  to  hold  the  office  for  two  years,  which  for  four 
years,  and  which  for  six  years;  and  the  person  receiving  the 
greatest  number  of  votes  for  the  term  so  designated,  shall  be 
by  the  state  canvassers  declared  to  be  elected  for  such  term. 


REPRESENTATIVE    IN    CONGRESS. 

(190)     §  3709.     SEC.  82.     A    representative    in    the    con- 
gress, gress  of  the  United  States  shall  be  chosen  in  each  of  the  con- 
gressional districts  into  which  the  State  is  or  shall  be  divided. 


ELECTION  LAWS  73 


-at  each  general  election;  and  if  a  representative  in  congress 
shall  resign,  he  shall  forthwith  transmit  a  notice  of  his  resig- 
nation to  the  secretary  of  state ;  and  if  a  vacancy  shall  occur,  vacancy. 
by  death,  or  otherwise,  in  the  office  of  representative  in  con- 
gress, the  clerk  of  the  county  in  which  such  representative 
shall  have  resided  at  the  time  of  his  election  shall,  without 
delay,  transmit  a  notice  of  such  vacancy  to  the  secretary  of 
state. 

PRESIDENTIAL    ELECTORS. 

(191)  §  3710.     SEC.  83.     At    the    general     election    next  Number  of 
preceding  the  choice  of  president  and  vice  president  of  the  el< 
United  States  there  shall  be  elected  by  general  ticket  as  many 
•electors  of  president  and  vice  president  as  this  State  may  be 
entitled  to  elect  of  senators  and  representatives  in  congress. 

(192)  §  3711.     SEC.  84.     The  electors    of    president    and 
vice  president  shall  convene  in  the  senate  chamber,  at  the  cap- 
ital  of  the  State,  at  the  hour  of  twelve  o'clock  noon,  on  the 
second  Monday  of  January.     If  there  shall  be  any  vacancy  vacancies, 
in  the  office  of  an  elector,  occasioned  by  death,  refusal  to  act,  howfil 
neglect  to  attend  by  the  hour  of  twelve  o'clock  at  noon  of  said 

day,  or  on  account  of  any  two  of  the  persons  voted  for  as 
electors  having  received  an  equal  and  the  same  number  of 
votes,  or  on  account  of  the  ineligibility  of  any  person  elected,   . 
or  for  any  other  cause,  the  qualified  electors  present  shall 
proceed  to  fill  such  vacancy  by  ballot  and  plurality  of  votes. 
When  all  the  electors  shall  appear  or  vacancies  shall  be  filled  Duties, 
as  above  provided,  they  shall  proceed  to  perform  the  duties 
of  such  electors,  as  required  by  the  constitution  and  laws  of 
the  United  States. 

(193)  §  3712.     SEC.  85.     It  shall  be  the  duty  of  the  ex-  Executive, 
-ecutive  of  the  State,  as  soon  as  practicable  after  the  election  duty  of' et 
of  the  electors  by  the  final  ascertainment  under  and  in  pursu- 
ance of  the  laws  of  the  State  providing  for  such  election,  to 
communicate  under  the  seal  of  the  State  to  the  secretary  of 

state  of  the  United  States  his  certificate  of  such  ascertain- 
ment of  the  electors  elected,  setting  forth  the  names  of  such 
electors  and  the  canvass  or  other  ascertainment  under  the 
laws  of  the  State'  of  the  number  of  votes  given  or  cast  for 
each  person  for  whose  election  any  and  all  votes  have  been 
given  or  cast,  and  it  shall  also  thereupon  be  the  duty  of  the 
executive  of  the  State  to  deliver  to  the  electors  of  the  State, 
on  or  before  the  day  on  which  they  are  required  by  the  preced- 
ing section  to  meet,  the  same  certificate,  in  triplicate,  under 
the  seal  of  the  State.  Such  certificate  shall  be  enclosed  and 
transmitted  by  the  electors  at  the  same  time  and  in  the  same  to 
manner  as  is  provided  by  law  for  transmitting  by  such  elec- 
tors to  the  seat  of  government  the  lists  of  all  persons  voted 
for  as  president  and  of  all  persons  voted  for  as  vice  presi- 
dent. 

Sections  86-89   are   superseded   by   act  1   of  1869,   for  the   election  of  TJ.   S. 
Senators.      See  sections  433-435. 
10 


74  STATE  OF  MICHIGAN. 


MISCELLANEOUS   PROVISIONS. 

unorganized  (194)  §  3713.  SEC.  90.  Unorganized  counties,  with  other 
counties.  parts  of  the  State  which  may  be  attached  to  any  organized 
county  for  judicial  purposes,  unless  otherwise  provided,  shall 
be  considered  as  a  part  of  such  organized  county  for  all  pur- 
poses concerning  the  election  of  officers  who  may  be  elected  at 
a  general  or  special  election. 

Johnston  v.  Cathro,  51  /  83. 

oath  of  in-  (195)     §  3714.     SEC.  91.     The  oath  directed  in  this  act  to 

cfel-k^o^etec-  ^e  taken  by  persons  chosen  to  be  inspectors,  or  appointed 

tions.  clerks  of  elections  shall  be  in  the  form  prescribed  in  the  first 

section,  of  the  eighteenth  article  of  the  revised  constitution  of 

this  State. 

compensation  (196)  §  3715.  SEC.  92.  Each  county  canvasser  and 
sheriff  shall  receive  such  reasonable  compensation  for  their 
services  while  employed  in  the  business  of  elections  for  county 
officers  as  shall  be  allowed  by  the  board  of  supervisors  or 
county  auditors,  to  be  paid  by  the  county. 

compensation  (197)  §  3716.  SEC.  93.  Each  district  canvasser  or 
vasseSrs!Cettc.an"  °ther  person  except  county  clerks,  employed  in  canvassing 
and  returning  the  result  of  the  elections  required  by  law  to 
be  certified  by  district  canvassers  to  the  board  of  state  can- 
vassers, shall  receive  such  compensation  therefor  as  the  board 
of  supervisors  of  their  several  counties  shall  deem  reasonable, 
to  be  paid  out  of  the  treasury  of  such  counties. 

NO  civil  pro-  (198)  §  3717.  SEC.  94.  During  the  day  on  which  any 
serve1?  on  election  shall  be  held,  pursuant  to  the  provisions  of  law,  no 
of6eiectsion  day  civil  process  shall  be  served  on  any  elector  entitled  to  vote 

at  such  election. 

Term  of  office.      (199)     §  3718.     SEC.  95.     The  person    holding   any   office, 
at  the  expiration  of  the  term  thereof,  shall  continue  to  hold 
the  same  until  his  successor  shall  be  elected  or  appointed  and 
Term,  when     qualified ;   and  when  any   person   shall  be  elected  to  fill   a 
m  vacancy  in  any  elective  office,  he  shall  hold  the  same  only 
during  the  unexpired  portion  of  the  regular  term  limited  to- 
such  office,  and  until  his  successor  shall  be  elected  and  quali- 
fied. 


MUNICIPAL  AND  TOWNSHIP  ELECTIONS. 

An  Act  to  prescribe  the  manner  of  conducting  municipal  and  township  elec- 
tions and  to  prevent  fraud  and  deception  thereat. 

[Act  194  of  1891.] 

The  People  of  the  State  of  Michigan  enact: 

TO  be  governed      (200)     §  3658.     SECTION  1.     That  all    elections    hereafter 
bygeneraiiaw,  held  in  the  various  cities,  villages  and  [townships]  township 


ELECTION  LAWS.  75 


in  this  State,  shall  be  in  conformity  with  the  provisions  of 
the  laws  governing  general  elections  so  far  as  the  same  shall 
be  applicable  thereto,  and  all  the  provisions  of  such  laws 
relative  to  -the  boards  of  election  inspectors,  the  arrangement 
of  polling  places,  the  manner  of  voting  and  receiving  votes, 
and  the  canvass  and  declaration  of  the  result  of  such  election, 
are  hereby  made  applicable  to  such  municipal  and  township 
elections,  but  the  time  for  the  opening  and  closing  of  the 
polls  shall  not  be  affected  thereby. 

(201)  §  3659.     SEC.  2.     The    township     board     of     each  whotobeeieo- 
township,  and  such  persons  as  shall  be  elected  therefor  by  SoSwsI^tcf" 
the  common  councils  of  the  various  cities  and  villages  in  this 

State,  shall  be  the  board  of  election  commissioners  for  such 
township,  city,  or  village  respectively,  and  shall  perform  such 
duties  relative  to  the  preparation  and  printing  of  ballots  as 
are  required  by  law  of  the  boards  of  election  commissioners 
of  counties,  and  like  duties  and  privileges  as  are  enjoined 
and  granted  by  the  laws  governing  general  elections  upon 
the  various  committees  of  the  different  political  organizations 
are  hereby  prescribed  for  the  city,  village,  or  township  com- 
mittees in  elections  held  pursuant  hereto ;  except  that  it  shall  vignette  not 
not  be  necessary  for  the  committees  of  the  different  political  n< 
organizations  to  furnish  a  vignette  or  heading  for  the  ballots 
other  than  to  designate  the  name  of  the  party  or  political 
organization  which  they  represent. 

ELECTION  COMMISSIONERS  :  Peck  v.  Supervisors,  102  /  355.  The  board 
cannot  print  upon  the  ballot  the  name  of  a  candidate  not  nominated  by  an 
assemblage  or  meeting  of  electors. — Chateau  v.  Jacob,  88  /  171. 

(202)  §  3660.     SEC.  3.     In    municipalities    governed    by  committees  to 
this  law,  the  names  of  candidates  shall  be  given  by  the  com-  £ujm'sh  names» 
mittees  of  the  various  political  organizations  to  the  board  of 

election  commissioners  of  such  municipality  not  less  than  five 
days  before  each  election,  and  the  proof  copy  of  the  ballot 
shall  be  open  to  the  inspection  of  the  chairman  of  each  com- 
mittee at  the  office  of  the  township  clerk,  and  city  or  village 
clerk  or  recorder,  not  less  than  two  clear  secular  days  before 
such  election. 


IDENTIFYING  BALLOTS  OF  UNQUALIFIED  VOTERS. 

An  Act  further  to  preserve  the  purity  of  elections,  and  guard  against 
abuses  of  the  elective  franchise,  by  providing  for  the  identification  of  the 
ballots  of  unqualified  voters,  in  cases  of  contested  elections. 

[Act  180  of  1877.] 

The  People  of  the  State  of  Michigan  enact: 

(203)     §  3719.     SECTION  1.     That  at  every  general,   spec-  Names  on  pon 
ial.  township  and  charter  election  in  this  State,  it  shall  be  numbered  in 
the  duty  of  the  inspectors  of  election  of  each  voting  precinct,  figures. 
to  cause  to  be  numbered  in  figures,  and  in  numerical  order, 


76 


STATE  OF  MICHIGAN. 


Endorsement 
of  number  on 
ballot   in  case 
of  challenge. 


the  name  of  every  person  entered  upon  the  poll  lists  required 
by  law  to  be  kept  at  such  election;  which  figures  shall  be 
placed  against  the  names  on  such  poll  lists  at  the  time  of  the 
entry  of  said  names  thereon. 

(204)  §  3720.     SEC.  2.    Whenever,  at  any  general,  spec- 
ial, township  or  charter  election,  in  this  State,  the  ballot  of 
any  person  who  has  been  challenged  as  an  unqualified  voter, 
and  who  has  taken  the  oath  provided  by  law  in  such  case  to 
be  taken,  shall  be  received  by  the  inspectors  of  election,  it 
shall  be  the  duty  of  said  inspectors  to  cause  to  be  plainly  en- 
dorsed on  said  ballot,  with  pencil,  and  in  the  manner  herein- 
after provided,  before  depositing  the  same  in  the  ballot  box, 
the  number  corresponding  to  the  number  placed  against  such 
voter's  name  on  the  poll  lists;  and  it  shall  further  be  the 
duty  of  such  inspectors  to  cancel  all  other  figures  appearing 
on  the  back  of  said  ballot,  without  opening  the  same:    Pro- 
vided, That  in  case  a  ballot  shall  be  so  folded,  defaced,  printed 
or  prepared  that  such  number  cannot  be  legibly  and  perma- 
nently written  on  the  back  thereof,  it  shall  be  the  duty  of 
said  inspectors  to  refuse  to  accept  such  ballot. 

(205)  §  3721.     SEC.  3.     To  prevent  the  identification  of 
said  ballot,  except  as  hereinafter  provided,  it  shall  be  the  duty 
of  the  inspectors  of  election  to  cause  to  be  securely  attached 
to  said  ballot,  with  mucilage  or  other  adhesive  substance,  a 
slip  or  piece  of  blank  paper,  of  the  same  color  and  appear- 
ance, as  near  as  may  be,  as  the  paper  of  the  ballot,  in  such 
manner  as  to  cover  and  wholly  conceal  said  endorsement,  but 
not  to  injure  or  deface  the  same;  and  if  any  inspector,  clerk, 
or  other  officer  of  an  election  shall  afterward  expose  said 
endorsement,  or  remove  the  said  slip  of  paper  covering  the 
same,  or  attempt  to  identify  the  ballot  of  any  voter,  or  suf- 
fer the  same  to  be  done  by  any  other  person,  he  shall,  on 
conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  amenable  to  the  provisions  of  compiler's  section  seven 
thousand  seven  hundred  and  sixty-nine  of  the  compiled  laws 
of  eighteen  hundred  and  seventy-one. 


Other  figures 
to  be  canceled. 

Proviso— bal- 
lots defaced, 
etc.,  to  be 
refused. 


Endorsement 
to  be  concealed 
with  blank 


Penalty  for 

exposing 

endorsement. 


The  section  above  referred  to  is  section  336  infra. 


Proceedings 
in  ca,se  of 
contested 
election. 


(206)  §  3722.  SEC.  4.  In  case  of  a  contested  election, 
on  the  trial  thereof  before  any  court  of  competent  jurisdic- 
tion in  this  State,  it  shall  be  competent  for  either  party  to 
the  cause,  to  have  produced  in  court  the  ballot  boxes,  bal- 
lots and  poll  lists  used  at  the  election  out  of  which  the  cause 
has  arisen,  and  to  introduce  evidence  proving  or  tending 
to  prove  that  any  person  named  on  such  poll  lists,  was  an 
unqualified  voter  at  the  election  aforesaid,  and  that  the  bal- 
lot of  such  person  was  received  as  provided  in  section  two 
of  this  act;  and  on  such  trial,  the  correspondence  of  the  num- 
ber endorsed  on  a  ballot  as  herein  provided,  with  the  num- 
ber against  the  name  of  any  person  on  the  poll  lists,  shall 
be  received  as  prima  facie  proof  that  such  ballot  was  cast  by 


ELECTION  LAWS.  77 


such  person :     Provided,  That  the  ballot  of  no  person  shall  Proviso— in- 
be  inspected  or  identified,  under  the  provisions  of  this  act,  bauot?n  °f 
unless  such  person  shall  consent  thereto  in  writing,  or  un- 
less such  person  has  been  convicted  of  falsely  swearing  in 
such   ballot,   or  unless   the   fact  that  such   person   was  an 
unqualified  voter,  at  the  time  of  casting  such  ballot,  has  been 
determined  as  provided  in  section  five  of  this  act. 

People  v.   Kamps,   129  /  217. 

(207)  §  3723.     SEC.  5.    After   issue  joined   in   any   case  proceedings 
of  contested  election,  either  party  to  the  cause  may  present 

a  petition  to  the  court  before  which  the  said  cause  is  to  be 
tried,  setting  forth  among  other  things,  that  the  petitioner 
has  good  reason  to  believe  and  does  believe  that  one  or  more 
voters  at  the  election  out  of  which  the  cause  has  arisen,  nam- 
ing him  or  them,  and  stating  his  or  their  place  of  residence, 
were  unqualified  to  vote  at  such  election;  that  he  believes 
the  same  can  be  established  by  competent  testimony;  that 
the  ballot  or  ballots  of  such  voter  or  voters  were  received 
after  being  challenged,  as  provided  by  law,  and  praying  that 
the  court  may  try  and  determine  the  question  of  the  quali- 
fication of  such  voter  or  voters  to  vote  at  said  election,  which 
petition  shall  be  verified  by  the  oath  of  the  petitioner  or 
some  other  person  acquainted  with  the  facts ;  and  thereupon  issue  to  deter- 
the  court  shall  direct  an  issue  to  be  formed,  within  a  time 
to  be  fixed  therefor,  for  the  purpose  of  determining  the  ques- 
tion of  the  qualification  of  the  voter  or  voters  named  in  said 
petition,  to  vote  at  said  election;  and  such  issue  shall  stand 
for  trial  as  in  other  cases,  and  the  verdict  of  the  jury 
or  judgment  of  the  court  upon  such  issue  so  made  shall  be 
received  upon  the  trial  of  the  principal  issue  in  said  cause, 
as  conclusive  evidence  to  establish  or  to  disprove  the  said 
qualifications  of  said  voter  or  voters. 

See  notes  to  section  135. 

(208)  §  3724.     SEC.  6.     On  said  trial,  it  shall  be  the  duty  Judge  to  re- 
of  the  judge  presiding  thereat,  and  of  no  other  person,  toSSSffil 
remove  from  all  ballots  the  slips  of  paper  concealing  the  said 
endorsements  until  all  ballots  are  found  having  thereon  the 
numbers  agreeing  with  the  numbers  against  the  names  of  such 
persons  on  the  poll  lists  as  have    been  proved    unqualified 

voters  as  aforesaid,  and  immediately    thereafter  to  replace  TO  replace 
slips  of  paper  upon  all  other  ballots  from  which  he  has  taken  s 
the  same,  in  the  same  manner  as  is  provided  in  section  three 
of  this  act,  for  the  inspectors  of  election. 


78 


STATE  OF  MICHIGAN. 


CHAPTER  IV.— CANVASS  AND  RETURN  OF  VOTES. 

COUNTY    CANVASSERS. 

An  Act  to  provide  for  the  election  of  a  board  of  county  canvassers,  to  pre- 
scribe the  term  of  office  and  the  powers  and  duties,  thereof  and  to  repeal 
all  acts  and  parts  of  acts  contravening  the  provisions  of  this  act. 

[Act  149  of  1895,  as  amended.] 


The  People  of  the  State  of  Michigan  enact:   . 

(209)  §  3662.  SECTION  1.  That  at  the  regular  annual 
meeting  of  the  board  of  supervisors  of  each  organized  county 
in  the  State  of  Michigan,  for  the  year  eighteen  hundred  ninety- 
six  and  each  second  year  thereafter,  there  shall  be  elected  by 
ballot  three  electors,  neither  of  whom  shall  be  a  candidate  for 
office  at  the  general  election  ensuing,  who  together  with  the 
county  clerk,  who  shall  not  be  entitled  to  a  vote  on  said  board, 
shall  be  and  are  hereby  constituted  a  board  of  county  can- 
vassers: Provided,  That  no  person  shall  be  eligible  to  mem- 
bership on  said  board  of  canvassers  who  is  a  member  of  said 
board  of  supervisors.  And  it  shall  be  the  duty  of  the  clerk 
of  said  board  of  supervisors  to  notify  said  electors  of  their 
election  within  five  days  thereafter.  Said  board  of  supervis- 
ors shall,  at  the  time  of  electing  such  board  of  county  canvass- 
ers, fix  the  amount  of  their  compensation,  which  shall  not 
exceed  four  dollars  per  day  for  each  member  of  said  board, 
which  shall  be  paid  by  the  county  treasurer  upon  the  warrant 
of  the  county  clerk:  Provided,  That  in  Wayne  county  said 
board  of  county  canvassers  shall  consist  of  five  members,  as 
follows :  The  probate  judge,  who  shall  be  the  presiding  officer 
of  such  board;  the  county  treasurer,  with  the  two  members 
of  the  board  of  Wayne  county  auditors  having  the  longer 
term  to  serve,  and  one  other  citizen  elector  to  be  chosen  by 
a  plurality  viva  voce  vote  of  the  board  of  supervisors  of  said 
county  at  their  regular  annual  meeting.  Said  board  of  super- 
visors shall,  at  the  same  time  and  in  the  same  manner,  elect 
an  alternate  member  of  said  board,  who  will  be  entitled  to 
serve  as  a  member  of  said  board  in  case  of  a  vacancy  on 
said  board  on  account  of  disability,  absence  or  other 'cause. 

Am.   1899,   act  224. 

See  section  222  for  an  act  to  provide  special  canvass  for  votes  for  State 
senators  and  representatives. 

The  above  act  supersedes  sections  43-48  of  the  act  of  1851. 

Oath  required       (210)     §  3663.     SEC.  2.     Each   member  of   said   board   of 
of  canvassers.  county  canvassers  shall  qualify  by  taking  the  oath  of  office 

required  of  inspectors  of  election,  to  be  administered  by  the 
Term  of  office,  county  clerk,  and  shall  hold  office  for  a  term  of  two  years,  or 

until  his  successor  is  appointed  and  shall  have  qualified. 
when  board  to       (211)     §  3664.     SEC.  3.     It  shall  be  the  duty  of  said  board 

of  county  canvassers  to  convene  at  the  office  of  the  county 


When   super- 
visors to  elect 
canvassers  by 
ballot. 


County  clerk 
to  be  a 
member  of 
board. 
Proviso. 


Supervisors  to 
fix  compen- 
sation. 


Proviso  as  to 

Wayne 

county. 


ELECTION  LAWS.  79 


clerk  on  the  first  Tuesday  after  the  first  Monday  following 

each  election  in  said  county,  before  the  hour  of  one  o'clock 

p.  m.,  and  to  elect  one  of  they*  number  to  act  as  chairman, 

except  as  is  especially  provided  in  section  one  of  this  act.  The  county  clerk 

county  clerk  shall  act  as  clerk  of  said  board,  but,  in  the  event  board.derk  °f 

of  kis  unavoidable  absence,  the  board  may  select  one  of  his 

deputies  to  act  in  his  stead.    In  case  of  any  vacancy  on  said  vacancy,  how 

board,  by  reason  of  absence  or  disability  under  the  provisions  fil 

of  this  act,  it  shall  be  filled  by  the  members  of  the  board  pres- 

ent, who  shall  select  some  person  or  persons  eligible  to  have 

been  elected  in  the  first  instance,  as  set  forth  in  section  one 

of  this  act. 

Am.   1899,  act  224. 

(212)     §  3665.     SEC.  4.     The  said   board   shall   then   pro-  Board  of 
ceed  without  dela    to  canvass  the  return  of  votes  cast  for  all  ?SSsere  ™n~ 


candidates  for  office  voted  for  and  all  other  questions  voted  on 

at  said  election,  according  to  the  returns  filed  in  the  office  of 

the  county  clerk  by  the  several  boards  of  election  inspectors 

of  the  various  voting  precincts  in  the  county,  and  the  returns 

or  tally  sheets  filed  with  the  board  of  canvassers  by  the  cen- 

tral  counting  board  in   counties  where   a  central   counting 

board  is  provided  for  counting  the  ballots  cast  in  said  county 

or  any  part  thereof  in  lieu  of  their  being  counted  by  the  elec- 

tion inspectors  of  the  voting  districts.     If  it  shall  be  found,  May  adjourn. 

upon  the  convening  of  said  board  of  canvassers  that  the  re- 

turns from  any  of  the  boards  of  election  inspectors  of  the 

several  election  districts,  or  the  returns  of  such  central  count- 

ing board  are  missing,  incomplete,  or  incorrect,  or  for  any 

other  reason  it  is  found  necessary,  then  said  board  of  county 

canvassers  shall  have  power  to  adjourn  from  day  to  day  until 

said  returns  shall   have  been  procured  or  corrected.     Said  May  summon 

board  of  canvassers  are  hereby  empowered  to  summon  the  perSEsUaving 

person  or  persons  having  the  boxes  containing  the  ballots  Sxes?etfc. 

cast  at  such  election  and  the  keys  and  seals  of  said  boxes, 

or  having  such  returns  or  the  poll  books  or  tally  sheets  used 

and  made  at  such  elections,  to  bring  said  boxes,  keys,  seals, 

returns,  poll  books  and  tally  sheets  before  said  board  and 

said  board  of  canvassers  are  authorized  to  open  said  boxes  May  open 

and  take  therefrom  any  books  or  papers  bearing  upon  the  boxes>  etc- 

count  and  return  of  the  election  inspectors  of  such  election 

districts  or  the  returns  of  such  central  counting  board,  but 

they  shall  not  remove  or  mark  the  ballots  therein.  .  Said  board  May  summon 

of  canvassers  may  summon  such  election  inspectors,  or  central  1aIppear°arndto 

counting  board,  before  them,  and  require  them  to  make  cor-  JJfunis?etc.ct 

rect  returns  in  case,  in  its  judgment,  after  examining  such 

returns,  poll  books  or  tally  sheets,  the  returns  already  made 

are  incorrect  or  incomplete,  and  they  shall  canvass  the  votes 

from  the  corrected  returns.     When  the  examination  of  such  when  boxes 

papers  is  completed  the  same  shall  be  returned  to  the  ballot  {?  be*1*" 

boxes  or  delivered  to  the  persons  entitled  by  law  to  the  same,  returned. 


80  STATE  OF  MICHIGAN. 


and  the  boxes  shall  be  locked  and  sealed  and  delivered  ta 
TO  prepare       the  legal  custodians  thereof.     When  said  canvass  shall  have 
0      been  finished,  the  said  board  of  county  canvassers  shall  pre- 
pare a  statement  setting  forth  their  findings  in  the  premises, 
and  giving  in  detail  the  number  of  ballots  cast  for  each  can- 
didate and  the  result  of  the  votes  cast  on  all  other  questions 
HOW  certified,  voted  on  at  said  election.     They  shall  certify  thereto,  under 
their  hands,  and  the  seal  of  the  circuit  court  of  the  county, 
when  to  de-    It  shall  also  be  the  duty  of  said  board  to  declare  the  result 
for^oimty1       of  the  election  for  county  officers  and  members  of  the  legis- 
?a?ureSetcegis~  lature,  when  the  county  alone  constitutes  one  or  more  sena- 
Resuit,ehow      torial  or  representative  districts,  and  to  publish  said  result 
published.        an(j  a  statement  of  votes  cast,  within  thirty  days  after  said 
election  is  held,  in  at  least  two  newspapers  printed  and  cir- 
culating in  said  county. 

4m.  1899,  act  224;  1901,  act  67;  1905,  act  43. 

DUTIES  OF  BOARD:  Under  the  old  law  it  was  held  that  the  statute  re- 
lating to  the  duties  of  the  board  of  county  canvassers  evidently  contemplated' 
that  the  board  should  proceed  promptly  to  determine  the  result  of  the  election, 
and  that  no  adjournment,  except  for  the  purpose  of  having  returns  corrected, 
be  made. — Newton  v.  Canvassers,  94  /  457.  The  duties  of  canvassing  boards 
are  simply  ministerial. — People  v.  Van  Cleve,  1  /  366.  They  are  bound  by 
the  returns  and  cannot  go  behind  them,  especially  for  the  purpose  of  deter- 
mining questions  of  fraud  in  the  election. — McQuade  v.  Furgason,  91  /  438  ; 
Coll  v.  Board,  83  /  367  ;  Roemer  v.  Board,  90  /  27.  Where  a  canvassing  board 
canvassed  the  votes  as  reported  by  the  inspectors  of  election  in  a  second  or 
substituted  return  made  after  the  filing  of  the  original  return,  mandamus  will 
lie  to  compel  a  re-canvass  from  the  original  return. — Roemer  v.  Canvassers, 
90  /  30.  As  to  the  powers  and  duty  of  county  canvassers  in  canvassing  the 
returns  of  an  election  to  locate  a  county  seat,  see  Att'y  Gen.  v.  Canvassers. 
64  /  611.  As  to  canvass  of  votes  for  state  and  county  ofiicers,  presidential 
electors,  members  of  congress  and  members  of  legislature,  see  Pound  v.  Bd. 
of  Canvassers,  120  /  181. 

See  notes  to  section  124. 

when  two  (213)     §  36G6.     SBC.  5.     If  it  shall  appear  on  the  canvass 

?qrua?nuhmbtr   of  the  votes  polled  at  such  election  for  members  of  the  leg- 
of  votes.          islature  or  county  officers,  that  two  or  more  persons  have 
received  an  equal  number  of  votes  for  the  same  office,  and  that 
.     a  failure  to  elect  to  any  office  is  caused  thereby,  such  persons 
shall  proceed  to  draw  lots  for  the  election  to  said  office,  in 
the  following  manner:     The  board    of    canvassers    for    the 
i  county  or  district  in  which  such  election  was  held,  shall  ap- 

point a  day  for  the  appearance  of  all  such  persons  before  the 
proper  officer  hereinafter  provided,  for  the  purpose  of  deter- 
mining by  lot  among  such  persons  the  right  to  such  office, 
and  shall  cause  notice  thereof  to  be  given  to  all  such  persons 
Method  of  interested.  The  officer  before  whom  such  drawing  is  to  take 
ots*  place  shall  prepare  as  many  slips  of  paper  as  there  are  such 
persons,  and  write  the  word  "Elected"  on  as  many  slips  of 
paper  as  there  are  offices  to  be  filled,  and  the  words  "Not 
elected7'  on  the  remaining  slips,  and  fold  the  same  so  as  to 
conceal  the  writing,  and  so  that  they  may  appear  as  near 
alike  as  possible.  Said  slips  shall  be  placed  in  a  box,  and 
at  the  time  and  place  appointed  for  the  drawing  of  said  lots, 
each  of  such  persons  aforesaid  may  draw  one  of  said  slips 
from  the  box;  and  any  such  person  drawing  a  slip  on  which 
is  written  the  word  "Elected,"  shall  be  deemed  legally  elected 


ELECTION  LAWS.  81 


to  the  office  in  question ;  and  the  officer  conducting  such  draw- 
ing shall  forthwith  give  him  a  certificate  of  such  election. 
If  the  drawings  under  the  provisions  of  this  section  are  for  if  for  senator 
the  office  of  senator  or  representative  in  the  State  legislature,  ^ver!SrSia- 
and  the  district  exceeds  the  limits  of  a  single  county,  then  ture- 
the  drawing  shall  take  place  before  the  county  clerk  of  the 
county  where  the  district  canvass  is  held;  in  all  other  cases 
before  the  county  clerk  of  the  county  where  each  case  shall 
arise :     Provided  further,  That  in  cases  where  the  office  of  when  office  of 
county  clerk  is  in  question  the  drawing  shall  take  place  be-  ffffqiSSoo. 
fore  the  sheriff  of  the  county. 

(214)  §  3667.     SEC.  6.     It  shall  also  be  the  duty  of  said  county  clerk 
clerk  of  the  board  of  county  canvassers,  within  five  days  from  cSpfe^oT1 
the  time  of  the  completion  of  said  canvass,  to  send  by  regis-  canvass, 
tered  mail  three  certified  copies  of  the  same,  so  far  as  it  shall 

relate  to  the  vote  for  State  officers,  electors  for  president  and 
vice  president  of  the  United  States,  members  of  congress  of 
the  United  States,  State  senators,  representatives  in  the  State 
legislature,  and    amendments    to    the    constitution,  together 
with  a  certificate  of  authenticity  signed  by  himself  and  the 
chairman  of  the  board  of  canvassers ;  one  to  the  governor,  one  TO  whom 
to  the  secretary  of  state,  and  one  to  the  state  treasurer.  The  be^Swardld. 
original  shall  be  kept  on  file  in  the  office  of  the  county  clerk. 

(215)  §  3668.     SEC.  7.     It  shall  be  the  duty  of  the  county  secretary  of 
clerk  to  furnish  certified  copies  of  the  original  of  said  canvass  clivlcopy" 
on  file  in  his  office  to  the  secretary  of  state  upon  the  request  uP°n  request. 
of  said  secretary  of  state,  and  without  charge.    And  if  upon 

receipt  of  said  certified  copies  by  the  secretary  of  state,  there 
shall  appear  to  be  clerical  errors  in  the  same,  it  shall  be  the 
duty  of  the  county  clerk,  upon  written  request  of  the  secretary 
of  state  so  to  do  to  forthwith  prepare  corrected  copies  of 
said  original  canvass  on  file  in  his  office  and  transmit  the 
same  in  the  manner  prescribed  in  section  six  of  this  act. 

(216)  §  3669.     SEC.  8.     In  case  the  clerk  of  the  board  of  Penalty  for 
county  canvassers  shall  neglect  or  refuse  to  perform,  in  the  county ^ferk. 
manner  herein  prescribed,  any  of  the  duties  hereinbefore  feet 

forth,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  liable  to  pay  a  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  not  less  than  thirty  nor  more  than  ninety  days. 

(217)  §  3670.     SEC.  9.     Any    member    of    said    board    of 
county  canvassers  who  shall  knowingly  violate  any  of  the  pro- 
visions  of  this  act  or  shall  wilfully  neglect  or  refuse  to  per- 
form  any  duties  enjoined  upon  him  hereby,  or  shall  sign  any  board- 
fraudulent  return,  or  shall  change  any  word,  letter  or  figure 

in  said  returns  as  made  by  the  board  of  canvassers,  except 
as  hereinbefore  provided,  with  intention  to  defraud,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof,  shall 
be  punished  by  a  fine  not  to  exceed  one  thousand  dollars  or 
imprisonment  in  the  State  prison  not  to  exceed  five  years,  or 
both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 
11  • 


82 


STATE  OF  MICHIGAN. 


Candidate 
conceiving 
himself  ag- 
grieved. 


May  petition 
for  correction, 
when. 


Deposit 
required. 


Deposit  for- 
feited when 
case  not  es- 
tablished. 


(218)  §  3671.  SEC.  10.  Any  candidate  voted  for  at  any 
election  at  which  State,  county  or  district  officers  are  voted 
for,  who  conceives  himself  aggrieved  on  account  of  any  fraud 
or  mistake  in  the  canvass  of  the  votes  by  the  inspectors  of 
election  or  the  returns  made  by  said  inspectors,  may,  on  or 
before  the  close  of  the  last  day  upon  which  the  board  of 
county  canvassers  meet,  present  to,  and  file  with  the  clerk 
of  such  board,  a  written  petition  which  shall  be  sworn  to, 
setting  forth  as  near  as  may  be  the  nature  of  the  mistakes 
or  frauds  complained  of,  and  the  township,  ward  or  district 
in  which  they  occur,  and  asking  for  a  correction  thereof.  He 
shall,  at  the  same  time  deposit  with  the  clerk  of  said  board 
the  sum  of  ten  dollars  for  each  and  every  township,  ward  or 
district  referred  to  in  his  petition:  Provided,  That  no  can- 
didate shall  be  required  to  deposit  more  than  one  hundred 
dollars,  which  sum  shall  be  paid  in  case  such  petitioner  does 
not  establish  a  fraud  or  mistake  as  set  forth  in  his  petition 
by  the  clerk  of  the  board  of  county  canvassers  to  the  county 
treasurer,  for  the  use  of  the  county. 

Held  that  a  candidate  for  a  state  office,  such  as  circuit  judge,  is  not 
entitled  to  a  recount  under  this  act. — Pound  v.  Board  of  Canvassers,  120  / 
181;  Att'y  Gen.  v.  Campbell,  130/285;  Att'y  Gen.  v.  Campbell,  132/82. 


Board  to  in- 
vestigate pe- 
tition, when. 


Board  to  re- 
count votes 
in  public  and 
make  return. 


Ballots  to  be 
returned  to 
boxes. 


Return  of  re- 
count to  be 
deemed 
correct 


(219)  §  3672.  SBC.  11.  Upon  filing  the  petition  and 
making  the  deposit  required  in  the  preceding  section,  and  giv- 
ing at  least  twelve  hours'  written  notice  thereof  to  the  oppos- 
ing candidate,  by  handing  to  such  candidate  a  copy  thereof, 
or,  if  such  candidate  cannot  be  found,  by  leaving  such  copy 
at  his  last  place  of  residence,  it  shall  be  the  duty  of  such  board 
of  canvassers  to  investigate  the  facts  set  forth  in  said  peti- 
tion. For  such  purpose  the  said  board  shall  have  power  to 
cause  the  ballot  boxes  used  in  such  election  districts  to  be 
brought  before  them.  The  board  shall,  thereupon,  in  some 
public  place  where  such  candidates  and  their  counsel  may  be 
present,  if  they  so  desire,  proceed  forthwith  to  open  the  ballot 
boxes  from  such  districts,  townships  or  wards,  and  to  make 
a  recount  thereof  as  to  such  candidates,  and  make  correct 
and  full  return  in  writing  under  their  hands  to  said  board, 
showing  the  full  number  of  votes  given,  the  names  of  the  can- 
didates, and  the  number  of  votes  given  to  each,  written  out 
in  words  and  figures  as  upon  the  ballot.  As  soon  as  the  re- 
count is  completed,  said  board  shall,  at  once,  return  the  bal- 
lots to  their  respective  boxes,  carefully  fasten  and  seal  the 
same,  and  deliver  them  to  the  officer  having  the  care  and 
custody  thereof.  The  returns  made  by  the  said  board  of  can- 
vassers upon  recount  shall  be  deemed  to  be  correct,  anything 
in  the  previous  return  from  such  township,  ward  or  district, 
to  the  contrary  notwithstanding. 

See  citations   under  previous   section. 


ELECTION  LAWS.  83 


(220)  §  3673.     SEC.  12.     Any  candidate   not   receiving   a  candidates 
certificate  of  election,  may,  for  error  apparent  upon  the  face  drc 

of  the  returns,  have  the  same  examined  and  corrected  upon  when- 
certiorari  to  the  circuit  court  of  the  county  according  to  the 
rules  and  practices  applicable  to  such  rights.     In  all  cases  Deposit  to  be 
where,  by  reason  of  such  recount,  the  petitioner  succeeds  in  whendedf 
establishing  fraud  or  mistake  as  set  forth  in  his  petition,  and 
receives  a  certificate  of  election,  the  money  deposited  by  him 
shall  be  refunded.    For  fraudulent  or  illegal  voting,  or  tamp- 
ering with  the  ballot  boxes  before  a  recount  by  the  board  of 
canvassers,  the  remedy  by  quo  warranto  shall  remain  in  full 
force  together  with  any  other  remedies  now  existing. 

(221)  §  3674.     SEC.  13.     The  provisions  of  this  act  shall  Act  to  apply 
apply  to  special  elections  to  fill  vacancies  in  any  of  the  offices  elections. 
mentioned  in  section  four  of  this  act,  and  at  all  elections  at 

which  any  proposition  shall  be  submitted  to  the  electors  of 
any  county. 

Section  14  repeals  "all  acts  or  parts  of  acts  contravening  the  provisions  of 
this   act." 


SPECIAL  CANVASS  FOR  STATE  SENATOR  AND  REP- 
RESENTATIVE TO  FILL  VACANCIES. 

An  Act  to  provide  for  a  special  canvass  of  votes  cast  in  elections  to  fill 
vacancies  in  the  office  of  State  senator  and  representative  held  during  a 
session  of  the  legislature. 

[Act  24  of  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(222)  §  3691.  SECTION  1.  That  in  case  of  a  special  elec-  Board  of  can- 
tion  held  to  fill  a  vacancy  in  the  office  of  State  senator  or  of 
representative  in  the  State  legislature  during  a  session  of 
the  legislature,  the  board  of  county  canvassers  shall  meet  on 
the  Thursday  next  succeeding  the  day  on  which  the  election 
is  held,  and  the  board  of  district  canvassers  shall  meet  on 
the  succeeding  Saturday,  and  shall  make  the  canvass  and  de- 
clare the  result  of  such  election  as  now  provided  by  law  in 
case  of  general  elections  in  this  State. 


UNIFORMITY  IN  RETURNS. 

An  Act  to  secure  uniformity  in  election  returns. 
[Act  49  of  1867.] 

The  People  of  the  State  of  Michigan  enact: 

(223)     §  3733.     SECTION  1.     That  the  secretary  of  state  be 
required  to  prepare  and  transmit,  at  least  sixty  days  before 


84 


STATE  OF  MICHIGAN. 


any  general  or  special  election  at  which  other  than  township 
officers  are  to  be  elected,  to  the  several  county  clerks,  suitable 
blank  forms,  to  enable  inspectors  of  elections'  and  township 
or  city  clerks  to  make  returns  of  elections  to  the  respective 
county  or  .district  board  of  canvassers. 

Duty  of  (224)     §  3734.     SEC.  2.     That   the    several    county    clerks 

county  clerks.  gjlaj]?  after  receiving  the  blank  forms,  and  at  least  ten  days 
before  any  general  or  special  election,  at  which  officers  shall 
be  elected  requiring  the  transmission  of  a  statement  of  votes 
to  a  board  of  canvassers,  deliver  to  the  several  township  or 
city  clerks  of  their  respective  counties  a  sufficient  number  of 
such  blank  forms  to  enable  said  township  or  city  clerks  and 
inspectors  of  elections  to  make  returns  of  such  general  or 
special  election,  to  the  respective  boards  of  canvassers  as 
required  by  law. 


Petition  for 
correction  of 
canvass,  to 
whom  made, 
etc. 


Proviso  limit- 
ing amount  of 


When  board 
of  canvassers 
to  make  in- 
vestigation. 


CORRECTION  OF  FRAUDS  AND  ERRORS  IN  RETURNS. 

An  Act  to  provide  for  the  correction  of  frauds  and  mistakes  in  the  canvass 
and  returns  made  by  inspectors  of  elections. 

[Act  208  of  1887,  as  amended.] 

The  People  of  the  State  of  Michigan  enact: 

(225)  §  3725.  SECTION  1.  That  any  candidate  voted  for 
at  any  election,  conceiving  himself  aggrieved  on  account  of 
any  fraud  or  mistake  in  the  canvass  of  the  votes  by  the  in- 
spectors of  election,  or  in  the  returns  made,  may  (within 
three  days  after  the  conclusion  of  a  township  canvass,  if  a 
township  office)  or  on  or  before  the  close  of  the  last  day  upon 
which  the  board  of  city  canvassers  meet,  if  a  city  or  ward 
office,  or  board  of  village  canvassers,  if  a  village  office,  present 
to  and  file  with  the  clerk  of  such  board  a  written  petition, 
which  shall  be  sworn  to,  setting  forth,  as  near  as  may  be,  the 
errors,  mistakes  or  frauds  complained  of,  and  the  township, 
ward  or  village  in  which  they  occur,  and  asking  for  a  cor- 
rection thereof.  He  shall  at  the  same  time  deposit  with  the 
clerk  of  said  board  the  sum  of  ten  dollars  for  each  and  every 
township,  ward  or  village  referred  to  in  his  petition :  Pro- 
vided, That  no  candidate  shall  be  required  to  deposit  more 
than  one  hundred  dollars,  which  sum  shall  be  paid  in  case 
such  petitioner  does  not  establish  a  fraud  or  mistake,  as  set 
forth  in  his  petition,  by  the  clerk  of  the  board  of  city  can- 
vassers, to  the  city  treasurer  for  the  use  of  the  city  and  by  the 
clerk  of  the  village  to  the  village  treasurer  and  by  the  town- 
ship clerk  to  the  township  treasurer  for  the  use  of  the  city, 
village  or  township,  as  the  case  may  be.  Upon  filing  such 
petition,  making  such  deposit  and  giving  at  least  twelve 
hours'  written  notice  thereof  to  the  opposing  candidate  by 
handing  to  such  candidate  a  copy  thereof,  or  if  such  candi- 
date cannot  be  found,  by  leaving  such  copy  at  the  last  place 


ELECTION  LAWS.  85 


of  residence,  it  shall  be  the  duty  of  such  board  of  canvassers 
to  proceed  to  make  an  investigation  of  the  facts  set  forth  in 
said  petition.    For  which  purpose  the  clerk,  if  no  meeting  be  cierk  to  call 
already  appointed,  shall  call  a  meeting  of  such  board  of  can- 
vassers  and  the  said  board  shall  have  power  to  cause  the 
ballot  boxes  used  in   such  election  districts  to  be  brought 
before  them.    The  said  board  shall  thereupon  appoint  a  com-  HOW  com- 
mittee of  their  own  number  as  follows :    The  said  board  shall  investigation 
designate  a  member  who  shall  be  the  chairman  of  said  com-  aPP°mted- 
mittee,  the  candidate  presenting  such  petition  and  the  can- 
didate opposed  thereto  shall  each  choose  a  member,  and  if 
such  candidates,  or  either  of  them,  decline  to  choose  a  mem- 
ber, then  the  board  shall  designate,  and  the  three  thus  chosen 
shall   constitute  a  committee  to  investigate  the  errors,  mis- 
takes  or   frauds   complained   of.     Said   committee   shall,   in  committee  to 
some  public  place,  where  such  candidates  and  their  counsel  S*^3^1111* 
may  be  present,  if  they  so  desire,  without  unnecessary  delay 
proceed  to  open  the  ballot  boxes  from  such  village,  townships 
or  wards,  and  to  make  a  recount  thereof  as  to  such  candi- 
dates, and  make  correct  and  full  returns  in  writing  under 
their  hands  to  said  board,  showing  the  whole  number  of  votes 
given,  the  names  of  the  candidates,  and  the  number  of  votes 
given  to  each,  written  out  in  words  and  figures  as  upon  the 
ballots.     Said  committee,  upon  making  such  recount,  shall  at  Ballots  to  be 
once  return  the  ballots  to  their  respective  boxes,  carefully  botxes!ed 
fasten  and  seal  the  same  and  deliver  them  to  the  officer  hav- 
ing the  care  and  custody  thereof.    Said  board  of  canvassers,  Report  of 
upon  receiving  the  report  of  such  committee,  shall  accept  the  be™rceptedto 
same  as  correct,  anything  in  the  previous  (declaration,  certifi-  as  correct, 
cate  or)  returns  from  such  township,  ward  or  village  to  the 
contrary   notwithstanding.     Any  candidate   not   receiving  a  Appeal  to  cir- 
certificate  of  election,  may  for  errors  apparent  upon  the  face  CIJ 
of  the  returns  have  the  same  examined  and  corrected  upon 
certiorari  to  the  circuit  court  of  the  county,  according  to  the 
rules  and  practice  applicable  to   such  writs.     In  all  cases  when 
where,  by  reason  of  such  recount,  the  petitioner  succeeds  in  reetu0rnedtoto e 
establishing  a  fraud  or  mistake,  as  set  forth  in  his  petition,  petitioner, 
and  receive  a  certificate  of  election,  the  money  deposited  by 
him  shall  be  refunded.     For  fraudulent  or  illegal  voting,  or  Remedy  for 
tampering  with  the  ballot  boxes  before  a  recount  by  the  board  ^oting^c. 
of  canvassers,  the  remedy  by  quo  warranto  shall  remain  in 
lull  force,  together  with  any  other  remedies  now  existing. 
(The  usual  final  adjournment  of  a  township  board  of  can-  Final  adjpum- 
vassers  shall  be  deemed  subject  to  the  recall  of  the  board  as  Serecaii. J6C1 
herein  provided.) 

PURPOSE  OF  THE  LAW:  It  was  intended  by  this  act  to  give  a  party 
aggrieved  by  the  action  of  the  inspectors  of  election  and  the  board  of  city 
canvassers  the  right  to  a  recount  of  the  votes  cast  for  and  against  him  for 
the  office  for  which  he  was  a  candidate,  in  the  first  instance  at  least,  if  he 
should  desire  it,  without  resort  to  proceedings  by  quo  warranto. — McKenzie 
v.  Canvassers,  70  /  151 ;  May  v.  Canvassers,  94  /  510.  The  evident  purpose 
of  this  act  was  to  provide  for  a  recount  antecedent  to  the  determination  by 
the  county  canvassers  of  the  number  of  votes  cast  for  the  office  as  to  which  • 

the  recount  is  applied   for.      It  was   clearly   intended  that,  in  case  of  various 


86 


STATE  OF  MICHIGAN. 


contests  arising  before  the  board,  different  committees  could  be  appointed 
and  the  count  in  all  cases  proceed  at  once.  The  board  acting  on  a  contest 
may  well  be  held  to  constitute  a  special  tribunal,  when  in  session,  only  for 
the  purpose  of  considering  such  contest.  It  was  not  the  legislative  intent 
that  a  presentation  of  the  application  to  the  body,  when  so  acting,  and  after 
a  full  performance  and  determination  of  the  result  as  to  the  candidates  for 
other  offices  should  entitle  the  party  presenting  such  petition  to  a  recount. — 
Newton  v.  Canvassers,  94  /  458.  Electors  are  not  to  be  deprived  of  the  re- 
sult of  their  votes  by  the  mere  mistakes  of  election  officers  which  do  not 
appear  to  have  affected  the  result.  But,  on  the  other  hand,  where  fraud 
appears  upon  the  part  of  the  inspectors,  the  voter  must  sometimes  be  deprived 
of  his  vote ;  and  this  must  always  be  the  case  where  mandatory  provisions  of 
the  election  law  are  disregarded,  if  the  result  would  be  thereby  changed. — 
Att'y  Gen.  v.  Stillson,  108/419. 

The  only  way  to  try  titles  to  office  finally  and  conclusively  is  by  quo 
warranto. — Frey  v.  Michie,  68  /  324. 

ENFORCEABLE  BY  MANDAMUS :  The  right  to  a  recount,  upon  com- 
pliance with  the  provisions  of  this  act,  is  enforceable  by  mandamus. — May 
v.  Canvassers,  94  /  510 ;  McKenzie  v.  Canvassers,  70  /  147  ;  Packard  v.  Can- 
vassers, 94  /  450. 

APPLICATION  TOO  LATE :  An  application  by  a  candidate  for  supreme 
Judge  to  a  board  of  county  canvassers  under  this  act  made  on  the  last  day 
on  which  the  state  canvassers  can  canvass  the  returns  and  issue  the  cer- 
tificate of  election,  is  not  in  time. — Newton  v.  Canvassers,  94  /  455  ;  Drennan 
v.  Com.  Council.  106/117. 

WHEN  ACT  DOES  NOT  APPLY:  This  act  and  the  next  following  do  not 
apply  in  the  case  of  members  of  a  common  council  in  a  city  whose  council 
is  made  the  sole  judge  of  the  election  of  its  members. — Weston  v.  Probate 
Judge,  69  /  600  ;  Naumann  v.  Canvassers,  73  /  252  ;  Aud.  Gen.  v.  Supervisors, 
89  /  567  ;  Hilton  v.  Grand  Rapids  Com.  Council,  112  /  500.  But  these  acts 
apply  in  cases  where  the  council  is  not  made  by  the  charter  the  judge  of 
the  election  and  qualification  of  its  own  members. — McKenzie  v.  Canvassers, 
70  /  147.  These  acts  do  not  apply  to  the  office  of  state  senator. — Wheeler 
v.  Canvassers,  94  /  448.  Nor  congressmen. — Belknap  v.  Canvassers,  94  /  516. 
Nor  circuit  judge. — Vance  v.  Canvassers,  95  /  462. 

EFFECT  OF  RECOUNT  MADE:  When  the  board  has  recounted  and  de- 
clared the  result,  it  becomes  functus  officio  and  the  remedy  of  the  party 
claiming  to  be  aggrieved  is  by  a  quo  warranto  proceeding  to  test  the  validity 
of  the  election — Packard  v.  Canvassers,  94  /  451. 

.  See  also  Lamoreaux  v.  Att'y  Gen.,  89  /  146  ;  Johnson  v.  Bd.  of  Canvassers, 
101  /  191. 


PRESERVATION  OF  EVIDENCE  OF  ERROR  OR 
FRAUD. 


An  Act  to  preserve  evidence  of  error  or  fraud  in  the  counting  of  ballots  and 
in  elections  [election]  returns,  and  in  the  count  of  inspectors  of  elections 
[election]  and  the  declaration  of  the  board  of  canvassers  hi  contested 
elections. 

[Act  293  of  1887.] 

The  People  of  the  State  of  Michigan  enact: 

(226)  §  3726.  SECTION  1.  That  any  candidate  voted  for 
a*  any  election  in  this  State  intending  to  contest  the  samer 
ma^>  after  the  decision  of  the  board  of  canvassers  and  with- 
out  waiting  to  commence  quo  warranto  proceedings,  by  peti- 
tion to  the  probate  judge  of  the  county  in  which  the  election 
is  held,  cause  the  ballot  boxes,  or  such  number  of  them  as  he 
may  specify  in  his  petition,  to  be  brought  before  the  board 
of  examiners  created  by  section  six  of  this  act,  and  by  said 
board  to  be  opened  and  the  ballots  therein  counted  :  Pro- 
on-  vided,  That  at  the  time  of  filing  such  petition  he  shall  deposit 
thirty  dollars  with  such  judge  of  probate,  which  amount  shall 
be  disposed  of  as  hereinafter  provided. 


Petition  to 


tion. 


Proviso  as  to 


ELECTION  LAWS.  87 


See  notes  to  preceding  act.  The  supreme  court  has  held  this  act  too  de- 
fective to  be  executed,  unless  by  common  consent. — Andrews  v.  Probate 
Judge,  74  /  278. 

PETITION :  The  petition  must  show  whom  the  canvassers  have  decided 
to  be  elected,  in  order  that  notice  of  the  contest  may  be  given  him. — And- 
rews v.  Probate  Judge,  74/278. 

This  act  does  not  apply  to  a  city  whose  common  council  Is  charged  with 
the  duty  of  canvassing  the  votes  cast  for,  and  given  the  exclusive  right  to 
determine  the  election,  and  qualification  of.  the  officers  whose  election  is 
sought  to  be  contested,  which  duty  it  has  discharged,  and  right  exercised,  with- 
out objection  by  any  one. — Weston  v.  Probate  Judge,  69  /  600 ;  Naumann  v. 
Board  of  City  Canvassers,  73/252. 

See  Hilton  v.  Gd.  Rapids  Com.  Council,  112/501. 

(227)  §  3727.     SEC.  2.     Said  petition  shall  set  forth  that  what  petition 
the  petitioner  was  a  candidate  for  the  office  claimed  by  him, shaU  set  fortb* 
and  by  him  intended  to  be  contested,  and  that  he  received 

votes  therefor;  that  he  has  good  reason  to  believe  and  does 
believe  either — 

First,  That  there  was  error  or  fraud  in  the  count  or  in  the 
returns  of  the  inspectors  of  elections;  or, 

Second,  That  there  was  error  or  fraud  in  the  count  or  deter- 
mination of  the  board  of  canvassers;  or, 

Third,  That  there  was  error  or  fraud  in  both,  and  that  it  is 
his  bona  fide  intention  to  contest  the  count  and  returns  of 
the  inspectors  of  election,  or  the  count  or  determined  result 
of  the  board  of  canvassers  of  said  election,  or  of  both,  and 
further  stating  that  he  believes  that  unless  the  ballot  boxes 
are  opened  and  the  ballots  therein  counted  without  unneces- 
sary delay  his  rights  will  be  jeopardized.  Said  petition  shall 
be  in  writing,  and  shall  be  subscribed  and  sworn  to  by  the 
petitioner,  or  by  some  one  in  his  behalf,  and  a  copy  thereof 
shall  be  served  upon  the  person  or  persons  who  were  can- 
didates for  said  office  at  said  election. 

Andrews  v.  Judge  of  Probate,  74  /  278. 

(228)  §  3728.     SEC.  3.     Upon  the  filing  of  said  petition  Duty  .of  pro- 
the  probate  judge  shall  notify  the  members  of  the  board  of  Sj 
examiners  created  by  section  six  of  this  act  of  the  filing  of  petition. 
the  said  petition  and  shall  in  the  notice  appoint  a  time  and 

place  for  the  board  of  examiners  to  meet,  and  shall  issue 
an  order  causing  the  ballot  boxes  to  be  brought  before  the 
board  of  examiners  created  by  section  six  of  this  act  at  a 
place  and  at  a  time  specified  in  the  order,  which  shall  not  be 
less  than  two,  nor  more  than  ten  days  from  the  issuing 
thereof;  and  a  copy  of  said  order  shall  be  served  upon  the 
persons  whose  election  is  to  be  contested,  and  also  upon  the 
officer  in  whose  custody  is  kept  the  ballot  boxes  of  said  elec- 
tion, whose  duty  it  shall  be  to  produce  said  boxes  before  said 
board  of  examiners  at  the  time  and  place  named  in  said  order. 

This  act  is  too  defective  to  be  carried  into  execution  except  by  commou 
consent,  in  this  :  (a) — No  provision  is  made  for  the  appointment  of  a  time 
when  the  board  of  examiners  will  be  appointed,  or  for  the  notice  to  the  suc- 
cessful candidate  to  appear  and  take  part  in  the  formation  of  the  board  .  (b) 
— There  is  no  provision  for  a  case  where  the  examiners  appointed  refuse  to 
serve,  nor  any  requiring  them  to  take  an  oath  before  proceeding  to  the  dis- 
charge of  their  duties,  (c) — The  act  should  require  the  inspectors  entrusted 
with  the  key  and  election  seal,  as  well  as  the  clerk,  to  appear  before  the 
board  of  examiners. — Andrews  v.  Judge  of  Probate,  74  /  278. 


88 


STATE  OF  MICHIGAN. 


when  ballot  (229)  §  3729.  SEC.  4.  Upon  the  day  and  at  the  place 
brought0 before  specified  in  the  order  the  boxes  shall  be  brought  before  the 
Sainuiers0eftc  board  of  examiners  created  by  section  six  in  [of]  this  act, 
and  opened  by  and  in  the  presence  of  the  board  of  examiners 
and  the  judge  of  probate,  and  the  ballots  therein  shall  be 
counted  by  said  board.  And  the  board  of  examiners  above 
mentioned  shall  proceed  to  count  the  ballots  in  said  boxes, 
and  continue  the  same  from  day  to  day  until  the  completion 
of  the  count  thereof,  and  shall  make  a  statement  in  writing 
of  the  result  of  the  said  count,  and  each  member  thereof  shall 
sign  the  same,  and  it  shall  be  sworn  to  by  each  member  of 
said  board  before  the  judge  of  probate  and  the  said  sworn 
statement  shall  be  deposited  by  the  judge  of  probate  in  the 
office  of  the  county  clerk,  and  shall  be  conclusive  evidence  in 
any  subsequent  proceeding  at  law  of  the  ballots  cast  in  boxes 
so  opened. 

Andrews  v.   Probate  Judge,   74  /  285. 

(230)  §  3730.     SEC.  5.     After    the    ballots     are    counted 
they  shall  be  placed  back  in  the  boxes  and  sealed  up  by  said 
board  and  returned  to  the  officer  who  is  by  law  entrusted 
with  the  custody  thereof. 

(231)  §  3731.     SEC.  6.     The  board  of  examiners  to  carry 
into  effect  the  provisions  of  this  act  shall  consist  of  three  per- 
sons, who  shall  be  electors  of  the  county  in  which  proceedings 
are  had,  one  appointed  by  the  candidate  presenting  such  peti- 
tion, one  by  the  candidate  opposed  thereto,  and  one  by  the 
judge  of  probate.    They  shall  sit  together  before  the  judge  of 
probate  [probate  judge]  at  the  time  and  place  specified  in  his 
order,  and  said  probate  judge  shall  preside  over  all  meetings 
of  said  board  in  accordance  with  the  provisions  of  this  act. 
If  the  candidate  presenting  such  petition  or  the  candidate 
opposed  thereto  shall  decline  to  so  choose  a  member  then  the 
judge  of  probate  shall  designate,  and  the  three  thus  chosen 
shall  constitute  the  board  of  examiners:    Provided,  however, 
That  when  there  is  a  recount  demanded  of  the  ballots  cast  for 
the  office  of  judge  of  probate  then  the  county  clerk  shall  serve 
in  the  place  of  the  judge  of  probate  and  perform  the  duties 
herein  imposed  upon  the  judge  of  probate  in  other  cases. 

(232)  §  3732.     SEC.  7.     Whenever    a    contestant,    in    the 
opinion  of  the 'board  of  examiners  created  under  this  act,  es- 
tablishes the  truth  of  his  allegations  in  his  petition  for  a 
recount,  the  fee  of  thirty  dollars  deposited  with  the  judge  of 
probate  as  provided  for  in  section  one  shall  be  returned  to 
him.    If  he  does  not  establish  the  truth  of  his.  allegations,  then 
in  such  case  the  fee  shall  be  paid  to  the  county  treasurer  to 
be  put  into  the  contingent  fund  of  the  county. 

Section   8    repeals   "All    acts   or   parts   of   acts    contravening   the   provisions 
of  this  act." 


Ballots,  after 
being  counted, 
shall  be 


Board  of  ex- 
aminers, of 
whom  to  con- 
sist, etc. 


Proviso. 


When  fee  de- 
posited with 
judge  to  be 
returned  to 
contestant. 


ELECTION  LAWS.  89 


CHAPTER  V.— ELECTION  DISTRICTS  IN  TOWNSHIPS 
AND  VILLAGES. 

An  Act  relative  to  dividing  townships   and   villages   into^election   districts 
and  to  provide  for  the  registration  of  electors  in  such  cases. 

[Act  203  of  1877.] 

The  People  of  the  State  of  Michigan  enact: 

(233)  §  3582.     SECTION  1.     That  in  any  township  in  the  Division  of 
State  of  Michigan  the  township  board  thereof  may  divide  said  e?SnPdis-nt(> 
township  into  two  or  more  election  districts :    Provided,  Such  tricts 
division  be  made  at  least  twenty  days  previous  to  the  first  Pr(mso- 
general  election  or  township  meeting  thereafter  and  a  dia- 
gram of  the  boundaries  of  each  district  be  posted  therein  in 

three  or  more  public  places  with  a  plain  description  and  the 
number  of  the  same,  not  less  than  fifteen  days  previous  to 
such  election  or  township  meeting :     Provided  further,  That  Further 
no  township  shall  be  so  divided  unless  it  contains  at  least  pro 
three  hundred  electors. 

(234)  §  3583.     SBC.  2.    The  township  board  of  such  town-  Boundaries 
ship  shall  enter  upon  their  record  the  boundaries  and  num-  ?? b^enterS 
ber  of  each  of  said  election  districts,  commencing  at  number  on  record, 
"one,"  and  shall  have  power  to  change  the  same,  and  shall 

give  like  notice  of  such  change,  before  the  next  general  elec- 
tion or  township  meeting  as  required  by  section  one  of  this 
act  for  establishing  the  boundaries  of  such  district.     They  Notice  of  first 
shall  also  give  six  days'  notice  of  the  place  in  each  district  el< 
of  holding  the  first  election  or  township  meeting  therein. 

(235)  §  3584.     SEC.  3.     The    township    officers    of    said  Boards  of  in- 
township,  who,  by  existing  laws,  constitute  the  board  of  in-  Sections  *in 
specters  of  election  in  said  township,  shall  be  the  board  of  jj-^011  dis" 
inspectors   of   election  in   election   district   numbered   "one" 
therein,  and  two  justices  of  the  peace  and  the  treasurer  of 

said  township  shall  be  the  board  of  Inspectors  of  election  in 
election  district  numbered  "two,"  and  in  case  there  shall  be 
more  than  two  election  districts  in  any  township  the  town- 
ship board  shall  for  the  remaining  districts  appoint  three 
freeholders,  who  shall  be  residents  and  qualified  electors  of 
the  district  in  which  they  shall  serve,  to  constitute  a  board 
of  inspectors  of  election  in  such  remaining  district,  and  shall 
hold  their  office  until  their  successors  are  elected  and 
qualify,  and  shall  be  known  as  "district  inspectors  of  elec- 
tion." The  manner  of  such  election  of  inspectors  shall  be  by  Manner  of 
ballot  as  for  township  officers  chosen  by  ballot,  and  the  bal- 
lot  shall  contain  the  name  of  the  person  voted  for  and  the 
words  "inspector  of  election"  added  thereto,  and  the  three 
persons  receiving  the  highest  number  of  votes  in  said  district 
for  said  office  shall  be  the  board  of  inspectors  of  election  for 
12 


90 


STATE  OF  MICHIGAN. 


Inspectors  of 
election,  their 
powers  and 
•duties. 


Compensation 
and  oath  of 
office. 


Electors  to 
vote  in  district 
in  which  they 
reside. 


Registration 
of  electors  in 
•districts. 


the  ensuing  year  in  such  district,  and  until  their  successors 
are  elected  and  qualify. 

(236)  §  3585.     SEC.  4.     The  boards  of  inspectors  of  each 
district  shall  be  inspectors  of  elections  in  each  election  or 
township  meeting  held  therein.     They  shall  appoint  one  of 
their  number  chairman  of  the  board,  shall  administer  oaths, 
make  appointments,  and  have  the  same  powers  and  authority 
for  preserving  order  and  enforcing  their  commands  and  all 
other  powers  for  proceeding  with  the  elections  in  said  dis- 
trict, and  shall  conduct  the  elections  therein,  in  the  same  man- 
ner as  now  or  hereafter  directed  by  law  for  township  inspec- 
tors of  general  elections  held   in   this   State,  unless   herein 
otherwise  provided.     They  shall  receive  the  same  compensa- 
tion of  township  inspectors  from  the  township,  and  before 
entering  upon  their  duties  shall  take  and  subscribe  the  oath 
of  office  prescribed  Jby  the  constitution. 

(237)  §  3586.     SEC.  5.     The  electors  of  each  district  shall 
vote  in  the  respective  districts  in  which  they  reside,  and  for 
which  they  are  registered,  except  such  as  are  required  to  act 
as  inspectors  of  election,  who  may  vote  at  the  polls  where 
they  act  as  inspectors. 

(238)  §  3587.     SEC.  6.     The  board  of  registration  of  said 
township  shall  complete  the  registration  of  electors  of  each 
district  in  separate  district  registers,  and  shall  transcribe  to 
such  district  register  from  the  township  register  the  names 
of  such  electors  as  they  know  are  qualified  electors  and  resi- 
dents of  such  district,  and  shall  cause  such  district  register 
to  be  present  at  every  election  for  the  use  of  each  district 
board  of  inspectors;  and  for  the  purpose  of  perfecting  the 
registration  of  electors  in  any  election  district  said  board  of 
registration  may  appoint  a  resident  qualified  elector  of  such 
district,  who  shall  make  and  subscribe  the  oath  of  office  re- 
ferred to  in  section  four  of  this  act,  and  said  elector  with  one 
of  the  members  of  said  board  of  registration  may  hold  meet- 
ings not  to  exceed  three  in  number,  of  one  day  each,  giving 
suitable  notice  thereof,  at  such  time  and  place  in  said  district 
as  said  township  board  of  registration  shall  direct,  and  after 
completing  said  district  registration  in  the  manner  prescribed 
by  existing  law  for  the  registration  of  electors,  and  before 
the  next  coming  election,  shall  return  said  district  register 
to  the  custody  of  said  township  board  of  registration. 

(239)  §  3588.     SEC.  7.     The   district    inspectors    of   elec- 
tions shall,  without  adjourning,  publicly  canvass  the  votes 
received  by  them,  the  same  as  prescribed  by  law  for  canvassing 
votes  at  the  general  elections  in  this  State,  except  as  herein 
otherwise  provided,  and  shall  on  the  same  day  make  a  state- 
ment in  writing,  setting  forth  in  words  at  full  length  the 
whole  number  of  votes  given  for  each  office,  the  names  of  per- 
sons for  whom  such  votes  for  each  office  were  given,  and  the 
whole  number  of  votes  given  upon  each  question  voted  upon, 
and  the  number  [of  votes]  given  for  and  against  the  same; 


•Canvass  of 
votes  in  dis- 
trict. 


ELECTION  LAWS.  91 


which  statement  shall  be  certified,  under  the  hands  of  the  in-  official 
spectors  of  election  of  such  district,  to  be  correct,  and  they 
shall  deposit  such  statement  and  certificate  on  the  day  of 
election,  together  with  the  poll  list  and  the  register  of  elec- 
tors and  the  boxes  containing  said  ballots,  with  the  board  of 
inspectors  of  district  numbered  "one,"  and  said  last  named 
board  shall  immediately  consolidate  said  district  reports,  and 
the  combined  result  shall  be  the  official  canvass  of  said  town- 
ship. 

The  provisions  of  this  section  for  consolidating  the  reports  of  district  in- 
spectors is  superseded,  so  far  as  relates  to  the  manner  of  the  return  by 
inspectors,  by  the  election  law  of  1891. — Belknap  v.  State  Canvassers,  95  / 
155.  For  law  of  1891  see  sections  111-155. 

(240)  §  3589.     SEC.  8.     The  electors  of  each  election  dis- Time  of  meet- 
trict  shall  meet  at  one  o'clock  in  the  afternoon  at  the  polling  iogtrafnesact°r£ 
place  of  each  district  respectively  to  transact  such  business 

as  is  usually  transacted  at  township  meetings  by  viva  voce 
vote,  and  shall  count  or  canvass  the  votes  on  each  and  every 
question  which  shall  be  submitted  to  them,  and  the  result  of 
such  vote  shall  be  counted  and  reported  to  the  board  of  in- 
spectors of  election  of  precinct  number  one,  and  shall  be  by 
them  consolidated  and  canvassed  in  the  same  manner  as  pro- 
vided by  section  seven  of  said  act :  Provided,  That  all  ques-  Proviso  as 
tions  proposed  to  be  acted  upon  shall  be  previously  reported 
to  the  township  board  and  by  them  reported  to  the  board  of 
inspectors  of  election  of  each  precinct  on  the  morning  of  elec- 
tion, and  that  no  question  shall  be  entertained  that  is  not  so 
reported. 

Aud.  Gen.  v.  Duluth,  etc.,  R.  Co.,  116/125. 

(241)  §  3590.     SEC.  9.     The  president  and  trustees  of  any  Division  in 
incorporated  village  may  divide  said  village  into  as  many  elec-  vlUa^es- 
tion  districts,  containing  as  nearly  as  possible  an  equal  num- 
ber of  qualified  electors,  as  they  shall  deem  necessary  and 
convenient  for  conducting  the  elections  in  said  village.    They  Notice  of 
shall  give  not  less  than  fifteen  days'  notice  of  said  division  ™ 
before  the  next  ensuing  election  in  said  village,  by  posting  in 

not  less  than  three  public  places  in  each  election  district,  or 
by  publishing  the  same  two  weeks  in  a  newspaper  published 
in  said  village,  a  description  of  the  boundaries  of  said  dis- 
trict, and  the  place  of  holding  the  first  election  therein,  and 
the  number  of  said  district. 

(242)  §  3591.     SEC.  10.    Said  president  and  trustees  shall  g|cord,  where 
make  a  record  of  the  boundaries  and  number  of  each  election 
district  and  file  the  same  with  the  clerk  of  the  village  so 
divided,  and  may  change  the  same  by  giving  the  notice  be- 
fore the  ensuing  election  as  required  by  [in]  section  nine  of 

this  act. 

(243)  §  3592.     SEC.  11.     The  officers  of  said  village  who,  inspectors  of 
by  existing  law,  act  as  a  board  of  inspectors  of  election  of  e 

said  village  shall,  under  this  act,  constitute  a  board  of  inspec- 


92 


STATE  OF  MICHIGAN. 


Term  of  office 
of  inspectors. 


Manner  of 
conducting 
elections. 


tors  for  election  district  numbered  "one"  of  said  village,  and 
one  of  said  trustees,  with  two  qualified  electors  who  are  free- 
holders, the  latter  of  whom  shall  be  residents  of  the  election 
districts  in  which  they  serve,  shall  constitute  a  board  of  in- 
spectors of  election  in  each  of  the  remaining  election  dis- 
tricts. Six  days'  notice  of  such  first  appointment  for  any 
district,  with  the  place  of  holding  the  first  election  therein, 
shall  be  given  in  said  district,  and  said  inspectors  shall  hold 
their  offices  for  one  year  and  until  their  successors  are  ap- 
pointed and  qualify. 

(244)  §  3593.  SEC.  12.  Each  board  of  district  inspec- 
tors of  election  shall  appoint  one  of  their  number  chairman, 
and  shall  conduct  the  election  in  said  district  with  the  same 
power  and  authority  and  in  the  same  manner,  unless  herein 
otherwise  provided,  as  now  or  hereafter  directed  by  law  for 
inspectors  of  general  elections  held  in  this  State,  unless 
herein  otherwise  provided,  and  shall,  at  the  closing  of  the 
polls,  without  adjourning,  publicly  canvass  the  votes  received 
by  them  the  same  as  in  general  elections,  and  declare  the  re- 
sult, and  shall  on  the  same  day  make  a  statement  in  writing, 
setting  forth  the  whole  number  of  votes  given  for  each  office, 
the  names  of  persons  for  whom  such  votes  for  each  office  were 
given,  and  the  number  of  votes  so  given  for  each  person ;  which 
statement  shall  be  certified  under  the  hands  of  the  inspectors 
of  such  election  district  to  be  correct,  and  they  shall  deposit 
such  statement  and  certificate  on  the  day  of  election,  to- 
gether with  the  poll  list  and  the  register  of  electors  and  the 
boxes  containing  said  ballots,  with  the  board  of  inspectors 
of  election  of  district  numbered  "one,"  who  shall  combine  the 


Canvass  of 
votes  in  dis- 
tricts. 


Official 
canvass  of 
village. 


Registration 
of  electors  in 
villages. 


May  abolish 
divisions  into 
election  dis- 
tricts. 


Proviso. 


reports  from  each  district  upon  each  question  and  proposition, 
and  what  persons  were  duly  elected,  and  the  result  thereof 
shall  be  the  official  canvass  of  such  village. 

(245)  §  3594.    SEC.  13.     The  registration  of  electors  shall 
be  conducted  in  said    village    by  the  board    of  registration 
thereof,  in  the  same  manner  as  above  provided  for  the  regis- 
tration in    township    election    districts,  and    where    not    so 
provided,  then  by  existing  laws  for  registration  of  electors, 
and  all  such  persons  appointed  or  elected  as  herein  provided 
shall,  before  entering  upon  the  duties  of  their  office,  make 
and  subscribe  the  constitutional  oath  of  office  of  this  State, 
and  said  villages  may  provide  for  the  payment  of  such  officers. 

(246)  SEC.  14.     The    township    board    of    any    township 
which  has  been  or  may  hereafter  be  divided,  into  two  or  more 
election  districts  under  the  provisions  of  this  act,  may  at  any 
time  abolish   said  division  into  election   districts,   and   said 
action  so  abolishing  said  division  into  election  districts  shall 
be  entered  upon  the  records  of  said  board,  and  subsequent 
elections  in  said  township  shall  be  conducted  in  the  same  man- 
ner as  if  no  division  of  said  township  into  election  districts 
had  ever  been  made:     Provided  however,  That  this  act  shall 


ELECTION  LAWS.  93 


not  apply  to  divisions  made  by  special  act  of  the  State  legis- 
lature. 


Added,  1901,  act  21. 


CHAPTER  VI.— PRIMARIES  IN  CITIES. 

An  Act  to  provide  for  the  holding  of  primaries  in  cities  of  not  less  than 
fifteen  thousand  inhabitants,  and  not  over  one  hundred  fifty  thousand 
inhabitants,  and  to  punish  frauds  thereon,  and  by  delegates  elected 
thereat,  and  the  corruption  and  attempted  corruption  of  such  delegates. 

[Act  135   of  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(247)  §  3514.     SECTION  1.     That  the  word  "primary"  in  HOW  the  word 
this  act  shall  be  construed  to  mean  an  assemblage  of  voters  be  construed0 
of  any  political  party  duly  convened  for  any  of  the  purposes 

set  forth  in  this  act,  and  that  the  words  "primary  elections," 
as  used  in  this  act,  shall  be  construed  so  as  to  embrace  all 
elections  held  by  any  political  party,  convention,  organiza- 
tion or  delegation  therefrom,  for  the  purpose  of  choosing  can- 
didates for  office,  or  for  choosing  delegates  to  any  convention 
or  conventions  to  be  held  by  the  party  holding  such,  primary, 
or  for  the  purpose  of  electing  officers  of  any  political  organ- 
ization, convention  or  association. 

See   sections   356-364    for   the   protection    of   primary   elections   and   conven- 
tions. 

(248)  §  3515.     SEC.  2.     The    primaries    of    any    political  Primaries  to 
parties  in   cities  included  in  this  act,  shall  be  held  by  the  dffferent"1 
several  wards  of  each  such  city,  and  all  the  wards  shall  hold  ^mestfme.he 
their  primaries  for  the  same  party  at  the  same  time :    Pro-  Proviso  as  to 
vided,  That  in  any  city  whose  population  is  fifty  thousand  and  JnarVeSn  vot- 
not  more  than  one  hundred  and  fifty  thousand,  such  primaries  ins  precincts, 
may,  by  direction  of  the  principal  committee  of  any  party 
organization  in  any  such  city,  be  held  by  the  voting  precincts 

of  the  several  wards  of  said  city.    Any  ward  or  precinct  fail-  in  case  ward 
ing  to  hold  its  party  primary  at  the  time  designated  therefor,  primary? 
as  provided  in  section  three  of  this  act,  shall  not  be  repre- 
sented at  the  election  or  convention  of  its  part}7,  so  far  as 
relates  to  the  special  purpose  for  which  such  primary  was 
called. 

(249)  §  3516.     SEC.  3.     The  time  for  holding  the  prima- 
ries  in  any  city  shall  be  determined  by  the  principal  commit- 
tee  of  the  party  having  in  charge  the  particular  matter  for 
which  the  primary  is  called.    Notices  of  the  time  for  holding 
said  primaries  shall  be  given  by  the  city  or  ward  committee 
of  the  respective  parties  in  the  same  manner  as  provided  in 
section  nine  of  act  three  hundred  and  three  of  the  session 


94 


STATE  OF  MICHIGAN. 


laws  of  one  thousand  eight  hundred  and  eighty-seven,  as 
amended  by  act  one  hundred  and  seventy-five  of  the  session 
laws  of  one  thousand  eight  hundred  and  ninety-three. 

The  section  above  mentioned  is  section  364  of  this  compilation. 


When  coun- 
cil may  pro- 
vide booths. 


Proviso  as  to 
notice  on 
clerk. 


Time  of  hold- 
ing primaries 
in  cities. 


Board  of  in- 
spectors to 
preside  at 
primaries. 


Members  of 
ward  commit- 


Two  inspectors 
to  be  chosen. 


Vacancy,  how 
filled. 


Who  eligible 
to  vote  at 
primaries. 


(250)  §  3517.     SEC.  4.     The  common  council  of  any  city 
embraced  in  this  act  may,  in  their  discretion,  cause  the  elec- 
tion booths  of  their  respective  cities  to  be  provided  or  erected 
within  ten  days  after  they  shall  have  received  notice  from  the 
chairman  of  any  duly  organized  committee,  whose   duty    it 
shall  be  to  call  the  same,  that  the  booths  will  be  needed  for 
holding  a  primary:     Provided,  That    the   chairman  of   such 
committee  shall  serve  such  notice  upon  the  clerk  or  recorder 
of  said  city,  at  least  twenty  days  before  the  time  fixed  for 
holding  such  primary. 

(251)  §  3518.     SEC.  5.     The  primaries  in  any  city  affected 
by  this  act  and  containing  less  than  thirty  thousand  inhabit- 
ants shall  be  held  between  the  hours  of  four  and  eight  o'clock 
p.  m.,  standard  time.     The  primaries  in  any  city  affected  by 
this  act  and  containing  more  than  thirty  thousand  inhabit- 
ants shall  be  held  between  the  hours  of  two  o'clock  and  eight 
o'clock  p.  m.,  standard  time. 

Am.    1899,   Act   22. 

(252)  §  3519.     SEC.  6.     Each   primary    shall  be  presided 
over  by  a  board  of  inspectors,  which  shall  be  composed  of  a 
chairman,  who  shall  be  a  member  of  the  ward  committee  of 
the  party  holding  said  primary,  residing  in  the  ward  where 
the  primary  is  held,  and  of  two  qualified  voters  chosen  from 
the  residents  of  said  ward,  and  who  shall  belong  to  the  party 
holding  such  primary.    Each  political  party  desiring  to  hold 
primary  elections  shall,  at  the  first  primary  election  after  this 
act  takes  effect,  elect  a  member  of  the  ward  committee  and 
two  inspectors  of  primaries  for  each  ward  or  voting  precinct, 
whose  term  of  office  shall  be  for  two  years.    At  the  first  pri- 
mary held  after  this  act  takes  effect,  each  political  party  shall 
choose  two  inspectors,  and  if  there  be  no  member  of  its  ward 
committee,  also  a  chairman  of  such  committee,  by  a  viva  voce 
vote  of  the  electors  of  the  party  holding  such  primary  present 
at  the  opening  of  said  primary.    And  if  any  member  of  such 
board  of  primary  inspectors  shall  be  absent,  or  for  any  reason 
be  disqualified  from  sitting  on  the  board  of  which  he  is  a 
member,  such  vacancy  shall  be  filled  by  a  viva  voce  vote  of 
the  voters  of  the  party  holding  such  primary  at  the  opening 
of  the  same. 

(253)  §  3520.     SEC.  7.    No   voter  whose   name   does   not 
appear  on  the  registration  list  of  the  last  preceding  election, 
or  when  the  committee  of  any  party  shall  have  adopted  party 
registration  and  his  name  does  not  appear  upon  [such]  each 
party  registration  books,  shall  be  allowed  to  vote  at  any  pri- 


ELECTION  LAWS.  95 


mary :  Provided,  If  any  qualified  voter  whose  name  does  not  Proviso  as  to 
appear  on  said  registration  list  or  on  the  adopted  party  reg-  ttoSonSfL 
istration,  and  who  desires  to  vote  at  such  primary,  the  chair- 
man of  the  board  of  primary  inspectors  shall  administer  to 
him  the  following  oath:  "You  do  solemnly  swear  that  you 
are  a  resident  of  this  ward  or  voting  precinct;  that  you  re- 
side at  (here  state  the  place  of  residence  where  said  pro- 
posed voter  claims  to  reside)  ;  that  you  have  lived  there  more 
than  ten  days  prior  to  this  day;  that  you  are  a  member  of 
the  (here  name  the  party  holding  the  primary)  ;  that  you  are 
a  qualified  voter  of  this  State  and  of  the  United  States,  and 
that  you  have  not  voted  at  any  other  primary  election  in  any 
other  ward  or  voting  precinct  than  this  since  last  election, 
so  help  you  God."  If  after  taking  the  foregoing  oath  said  in  case  voter 
voter  shall  be  challenged  on  the  ground  that  he  is  not  a  resi- 
dent  of  said  ward  or  voting  precinct,  the  board  of  inspectors 
shall,  before  his  vote  is  received,  require  him  to  produce  before 
said  board,  some  well  known  and  reputable  resident  of  said 
ward  or  voting  precinct,  who  will  make  oath  that, he  knows 
the  person  desiring  to  vote,  the  place  of  residence  of  said  per- 
son, how  long  he  has  lived  there,  his  occupation,  and  to  answer 
such  other  questions  as  may  be  put  to  him  concerning  the 
qualifications  of  said  applicant  to  vote  at  said  primary.  If  WaeibJre- 
from  the  oath  of  such  person  the  board  is  satisfied  that  such  ceived 
applicant  is  a  qualified  voter  and  resident  of  said  ward  or 
voting  precinct,  said  vote  shall  be  received,  otherwise  it  shall 
be  rejected.  Any  person  swearing  falsely  under  the  pro- 
visions  of  this  section,  upon  conviction  thereof  before  any 
court  of  competent  jurisdiction,  shall  be  subject  to  all  the 
pains  and  penalties  of  perjury. 

TEN   DAYS :     Amendment  of   1894   to  the     constitution      changes   the  time 
of  residence  in  ward,  etc.,  from  ten  days  to  twenty  days. 

(254)      §  3521.     SEC.  8.     Only    qualified    voters    identified 
wTith  the  party  or  organization  holding  such  primaries,  and  maries6 
who  shall  be  residents  of  the  ward  or  precinct  when  such 
caucus  or  primary  is  held  for  ten  days  or  more  prior  to  the 
date  of  the  holding  of  such  caucus  or  primary,  shall  be  per- 
mitted to  vote  thereat,  and  if  any  person  shall  be  challenged  Perscdistjh^ 
on  the  ground  that  he  is  not  a  member  of  such  party  he  shall  thegfoiiowing 
be  required  to  take  the  following  oath,  to  be  administered  by  oath- 
any  person  authorized  by  law  to  administer  oaths: 


96 


STATE  OF  MICHIGAN. 


STATE'  OF  MICHIGAN, 
COUNTY  OF  . . 


ss. 


I  do  solemnly  swear  that  I  am  a  (name  of  party  or  organ- 
ization) and  a  resident  of  this  ward  for  the  last  ten  days, 
and  am  in  sympathy  with  its  aims  and  objects,  and  will  sup- 
port its  principles  and  objects,  so  help  me  God. 

( Signature) 

Sworn  to  and  subscribed  before  me  this day 

of..  ,  189.. 


Notary  public    (or  other  proper  officer  author- 
ized to  administer  oaths), county, 

Michigan. 

Penalty  for          If  any  person  who  takes  the  foregoing  oath  swears  falsely 
mg<  he  shall  upon  conviction  thereof  be  subject  to  all  the  pains 
and  penalties  of  perjury. 

TEN  DAYS  :     See  note  to  previous  section. 

• 

(255)  §  3522.     SEC.  9.     If  at  the  time  a  person  proposing 
to  vote  is  challenged  there  are  several  persons  waiting  their 
turn  to  vote,  said  challenged  person  shall  stand  to  one  side 
until  after  unchallenged  voters  have  had  an  opportunity  to 
vote,  when  his  case  shall  be  taken  up  and  disposed  of:    Pro- 
vided, That  if  any  person  shall  challenge  a  qualified  voter, 
resident  of  such  ward  or  voting  precinct,  well  known  as  a 
member  of  the  party  or  organization  holding  such  primary, 
for  the  purpose  of  annoying  or  delaying  voters,  he  shall  be 
deemed  guilty  of  a  misdemeanor. 

(256)  §  3523.     SEC.  10.     No  two  parties  or  organizations 
shall  call  their  primaries  for  the  same  day,  and  the  chairman 
of  each  of  the  principal  committees  of  the  parties  having  in 
charge  the  primaries  to  be  held  for  any  stated  purpose  shall 
notify  the  city  clerk  or  recorder  of  the  time  fixed  for  his  party 
primaries  within  twenty-four  hours  after  the  same  is  deter- 
mined, and  such  day  shall  be  considered  as  secured  to  the 
party  whose  committee  chairman  has  first  given  notification 
thereof. 

(257)  §  3524.     SEC.  11.     The  common  council  of  any  city 
embraced  in  this  act,  may  cause  all  of  the  different  political 
organizations  in  any  city  where  booths  are  provided  by  said 
city  to  hold  their  primaries  within  a  given  time,  and  shall 
provide  suitable  ballot  boxes  for  said  primaries. 

(258)  §  3525.     SEC.  12.     If  any  voter  shall  solicit  from 
any  candidate  for  election  at  any  primary,  or  from  any  other 
person,   or   shall   receive,    directly   or   indirectly,   from   such 
candidate  or  from  any  other  person  any  money,  or  promise 
of  place  or  position  or  any  valuable  consideration  of  any  kind, 
for  his  vote  or  support  at  such  primary,  or  for  his  attend- 
ance thereat,  or  if  any  person  shall  vote  at  more  than  one 
party  primary,  each  held  for  the  nomination  of  the  same  class 


Challenged 
voter  to  wait 
until  others 
have  voted. 


Proviso  as  to 

malicious 

challenge. 


Two  parties 
not  to  hold 
primaries  on 
same  day 


Council  to 
cause  political 
parties  to  hold 
primaries  at 
certain  times. 


Misdemeanor 
to  solicit 
money  from 
candidates. 


ELECTION  LAWS.  97 


of  officers  or  delegates  before  any  one  election,  he  shall  be 
deemed  guilty  of  a  misdemeanor. 

(259)      §  3526.     SEC.  13.     Any  person  who  shall  hire  any  candidate  in- 
carriage  or  other  conveyance,  or  cause  the  same  to  be  done,  SJS  money1?' 


for  conveying  voters,  other  than  those  physically  unable  to  g™pj  of  anv 
walk  thereto,  to  any  primary  conducted  hereunder,  or  who  guilty  of  a 
shall  solicit  any  person  to  cast  an  unlawful  vote  at  any  pri-  nusdemean°r- 
mary,  or  who  shall  offer  to  any  voter  any  money  or  reward 
of  any  kind,  or  shall  treat  any  voter  or  furnish  any  entertain- 
ment to  any  voter,  or  shall  promise  any  place  or  position  for 
the  purpose  of  securing  such  voter's  vote,  support  or  attend- 
ance at  such  primary  or  convention,  or  shall  cause  the  same 
to  be  done,  shall  be  deemed  guilty  of  a  misdemeanor. 

(260)  §  3527.     SEC.  14.     No  delegate  elected  to  any  city  Prox;ies  not  to 
or  county  convention  shall  give  a  proxy  to  represent  him  at  kjtgjj[e£  ^f}e~ 
such  convention.     All  vacancies  occurring  in  any  delegation  vacancies. 

to  any  convention  shall  be  filled  by  a  majority  vote  of  such 
delegation  :     Provided,  That  such  delegation  shall  not  be  per-  Proviso  as  to 
mitted  to  fill  any  vacancy  which  may  occur  in  its  number  by  fngefacancSs" 
any  person  not  a  resident  of  the  ward  from  which  such  absent 
delegate  was   chosen,   and   any  person   not   duly  elected   or  who  deemed 
chosen  as  hereinbefore  set  forth,  who  shall  sit  as  a  member  misdemeanor. 
of  a  delegation  in  any  convention,  or  who  shall  secure  his 
election  thereto  by  the  offer  of  any  valuable  consideration 
whatever,  or  by  the  promise  of  any  reward,  place  or  position, 
shall  be  deemed  guilty  of  a  misdemeanor. 

(261)  §  3528.     SEC.  15.     Any  delegate  or  member  of  any  when  delegate 
convention,  or  any  other  person  who  shall  solicit  any  candi-  ofa^sS?*7 
date  for  election  or  nomination  before  said  convention  for  meanor. 
money,  reward,  position,  place  or  preferment  for  his  support 

in  such  convention,  shall  be  deemed  guilty  of  a  misdemeanor. 

(262)  §  3529.     SEC.  16.     The    board    of   inspectors    shall  Registration 
cause  the  name  and  residence  of  each  -voter  to  be  registered  of  voters- 
at  any  primary  at  the  time  of  depositing  ^is  ballot  :  Provided, 

This  section  or  act  shall  not  preclude  the  city  committee  of  committee 
any  city  coming  within  its  provisions  adopting  rules  before  Stes  Sfto  reg- 
the  holding  of  any  such  primaries  that  require  party  registra- 
tion  of  the  voters  of  such  party  in  each  ward,  in  books  to  be 
provided  by  such  committee,  such  books  to  be  used  on  the  day 
on  which  the  primaries  are  held;  and  when  such  rules  have 
been  adopted   and   registration   had,   then   only  the  persons 
registered  as  party  voters  can  vote  at  said  primary  election: 
Provided,  That  any  person  whose  name  does  not  appear  on  Provisoes  to 
the  books  of  party  registration  shall  be  allowed  to  vote  upon  Same?  do  not 
taking  the  oath  prescribed  in  section  seven.     Said  registra-  JPPgr  on 
tion,  after  the  result  has  been  declared,  shall  be  deposited  with 
and  preserved  by  the  city  clerk. 

(263)  §  3530.     SEC.  17.     The   delegates   to   a   convention  Delegates  to 
shall  be  elected  by  ballot  and  in  the  following  manner  :   The  gjjgjf* 
inspectors  shall  provide  suitable  blanks  of  uniform  size  and 

color,  not  less  than  three  by  six  inches,  to  be  used  as  ballots, 
13 


98 


STATE  OF  MICHIGAN. 


In  case  of  tie, 
candidates  to 
draw  lots  with 
slips. 


and  at  each  primary  the  names  of  all  the  delegates  to  be  voted 
for  shall  be  written  or  printed  on  one  ballot,  and  no  name 
shall  appear  more  than  once  on  the  same  ballot.  The  person 
receiving  the  highest  number  of  votes  shall  be  declared  elected 
a  delegate,  the  person  receiving  the  next  highest  number  of 
votes  shall  be  declared  the  next  delegate,  and  so  on  in  like 
manner  until  the  full  number  of  delegates  to  which  the  ward 
or  precinct  is  entitled  shall  have  been  declared  elected,  and 
the  person  receiving  the  highest  number  of  votes  at  any  pri- 
mary for  any  ward  office  shall  be  declared  the  nominee  of  the 
party  holding  said  primary  for  the  particular  office  for  which 
he  has  been  named:  Provided,  That  in  election  of  delegates 
to  a  convention  or  in  the  election  of  a  candidate  for  any  ward 
office,  if  it  shall  appear  on  counting  the  votes  polled  at  any 
primary  that  two  or  more  persons  have  received  an  equal 
number  of  votes  for  the  same  office  and  that  a  failure  to  elect 
to  any  office  is  caused  thereby,  such  persons  shall  proceed  to 
draw  lots  for  the  election  to  said  office  in  the  following  man- 
ner :  The  board  of  inspectors  for  the  ward  or  precinct  where 
such  tie  may  occur,  shall  prepare  as  many  slips  of  paper  as 
there  are  such  persons  who  have  received  the  same  number  of 
votes,  and  write  the  word  "elected"  on  as  many  slips  of  paper- 
as  there  are  offices  to  be  filled,  and  the  words  "not  elected"  on 
the  remaining  slips,  and  fojd  the  same  so  as  to  conceal  the 
writing,  and  so  that  they  may  appear  as  nearly  alike  as  pos- 
sible. Said  slips  shall  be  placed  in  a  box  and  each  of  such 
persons  aforesaid,  or  in  his  absence  some  disinterested  person 
acting  for  him,  may  draw  one  of  said  slips  from  the  box  and 
such  person  drawing  a  slip  on  w^hich  is  written  the  word 
"elected"  shall  be  deemed  legally  elected  as  representative  or 
nominee  of  the  party  holding  such  primary  for  the  office  in 
question,  and  the  board  shall  forthwith  give  him  a  certificate 
of  such  election. 

(264)  §  3531.     §EC.  18.     The  common  council  of  any  city 
of  less  than  fifteen  thousand  population  not  embraced  in  this 
act  may,  by  ordinance  on  confirmation  of  the  voters  of  such 
city,  conduct  their  primaries  in  the  same  manner  as  those 
cities  embraced  in  this  act  under  fifty  thousand  population. 

(265)  §  3532.     SEC.  19.     All  the  provisions   of  act  three 
hundred  three,  of  the  session  laws  of  one  thousand  eight  hun- 
dred and  eighty-seven,  and  of  all  acts    amendatory  thereto, 
shall  remain  and  be  in  force  in  the  cities  embraced  in  the 
provisions  of  this  act,  and  have  the  same  force  as  in  the  State 
at  large,  except  as  to  such  matters  as  are  herein  specially 
provided  for  and  applicable  to  such  cities. 

(266)  §  3533.     SEC.  20.     This     act    shall    apply    to    all 
cities  of  this  State  having  a  population  of  fifteen  thousand 
and  not  more  than  one  hundred  and  fifty  thousand  inhabit- 
ants; the  population  of  said  cities  to  be  determined  from  the 
last  federal  or  State  census  as  the  case  may  be. 


Manner  of 
drawing  slips. 


How  cities  of 
certain  popu- 
lation may 
conduct  pri- 
maries. 


What  acts  to 
remain  in 
force. 


Act  to  apply  to 
cities  having  a 
certain  popu- 
lation. 


ELECTION  LAWS.  99 


(267)  §  3534.     SEC.  21.     Any  person  found  guilty  of  any  Penalty  for 
offense  defined  in  this  act  as  a  misdemeanor,  shall,  upon  con-  act|ation  °f 
viction  thereof,  be  sentenced  to  pay  a  fine  of  not  less  than  ten 
dollars  nor  more  than  five  hundred  dollars,  or  to  be  confined 

in  the  county  jail  not  less  than  ten  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 

(268)  §  3535.     SEC.  22.     Any  person  who  shall  influence  Further  penai- 
any  voter,  delegate,  candidate  or  other  person  to  violate  any  tionoflfct?" 
of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  punishable  as  hereinbefore  provided. 


CHAPTER  VII.— TOWNSHIP  ELECTIONS— DUTIES  OF 

OFFICERS. 

[Extract   from   Chap.   16,   R.   S.   1846.] 
TOWNSHIP    MEETINGS. 

(269)  §  2275.     SEC.  8.     The  annual  meeting  of  each  town- Annual  town- 
ship shall  be  held  on  the  first  Monday  in  April,  in  each  year,  whenmheidngs' 
and  at  such  meeting  there  shall  be  an  election  for  the  follow- 
ing officers :     One  supervisor,  one  township  clerk,  one  treas-  Officers  to  be 
urer,  one  school  inspector,  one  commissioner  of  highways,  so  e 

many  justices  of  the  peace  as  there  are  by  law  to  be  elected 
in  the  township,  and  so  many  constables  as  shall  be  ordered 
by  the  meeting,  not  exceeding  four  in  number. 

BOARD  OF  REVIEW  :     For  election  of  this  board,  see  section  317. 
Abels    v.    Supervisors,    42  /  526  :    Robinson    v.    Supervisors,    49  /  321 ;    People 
v.  Knigbt,  13  /  424  ;  Hubbard  v.  Springwells,  25  /  153. 

(270)  §  2276.     SEC.  9.     Each  of  the  officers  named  in  the  gection  by 
last  preceding  section,  shall  be  chosen  by  ballot,  and  before 
proceeding  to  choose  the  officers  hereinafter  directed  to  be 
chosen  at  such  meeting. 

As  to  the   last   clause,   see   section   300. 

INFORMAL  BALLOT:  When  the  law  requires  certain  officers  to  be  elected 

by  ballot,  there  is  and  can  be  no  such  thing  as  an  "informal"  ballot. — Con- 
rad v.  Stone,  78  /  635. 

(271)  §  2277.     SEC.  10.     There   shall    also   be   elected   at 

such  meeting,  to  be  chosen  viva  voce,  or  in  such  manner  as  the  highways. 
meeting  may  direct,  one  overseer  of  highways  for  each  road 
district,  and  no  elector  except  a  resident  in  the  district  where  who  not  to 
the  overseer  is  chosen  or  an  elector  of  the  township  having 
taxable  property  in  such  district,  shall  vote  for  said  overseer 
and  as  many  poundmasters  as  the  meeting  may  direct.  Poundmasters. 

(272)  §  2281.     SEC.  11.     Justices  of  the  peace  shall  sev- Term  of  office 
erally  hold  their  offices  for  four  years,  except  when  elected  to  of  JUS 

fill  a  vacancy  in  office  occurring  before  the  expiration  of  the 


100 


STATE  OF  MICHIGAN. 


legal  term  of  four  years  and  when  elected  to  fill  such  vacancy, 
they  shall  hold  during  the  unexpired  portion  of  such  term: 
Provided,  That  when  there  shall  have  been  no  previous  elec- 
tion and  classification  of  justices  of  the  peace  in  any  town- 
ship pursuant  to  the  sixth,  article  of  the  constitution  of  this 
State,  the  justices  elected  at  such  meeting  shall  be  classed  and 
divided  by  lot,  respectively,  for  one,  two,  three,  or  four  years, 
and  shall  severally  hold  their  offices  accordingly. 

Each  justice  of  the  peace  elected  to  fill  vacancy,  or  for  a  less  term  than 
four  years,  shall  take  his  oath  within  ten  days  ;  justices  elected  for  full  term 
shall  qualify  on  or  before  July  4th  after  election. 

BOND   OP   JUSTICES:     See  sections   2369-2373,   C.  L.,   1897. 


Term  of  office 
of  commis- 
sioner of  high- 
ways. 

Term  of  office 
of  school  in- 
spector. 


Vacancy. 

Proviso. 

Proviso. 


Term  of  office. 


Of  officers 
elected  to  fill 
vacancies 


Meetings, 
where  to  be 
held. 


When  place  of 
meeting  may 
be  changed, 
and  meeting 
adjourned. 


(273)  §  2282.     SEC.  12.     The   commissioner   of   highways 
shall  hold  his  office  for  one  year,  and  until  his  successor  shall 
be  elected  and  qualified. 

(274)  §  2283.     SEC.  13.     Each  school  inspector  elected  as 
aforesaid  shall  hold  his  office  for  two  years  from  that  time  and 
until  his  successor  shall  be  elected  and  duly  qualified,  except 
when  elected  or  appointed  to  fill  a  vacancy,  in  which  case  he 
shall  hold  the  office  during  the  unexpired  portion  of  the  regu- 
lar term :    Provided,  That  in  the  year  eighteen  hundred  and 
eighty-two  one  additional  school  inspector  in  each  township 
shall  be  elected  for  the  term  of  one  year:    Provided  further, 
That  the  township  superintendent  of  schools  and  school  in- 
spectors now  in  office  shall  continue  to  act  as  school  inspec- 
tors and  said  superintendent  of  schools  shall  continue  to  act 
as  chairman  of  the  board  of  school  inspectors  until  the  school 
inspectors  provided  for  by  this  act  shall  have  been  elected 
and  duly  qualified  and  shall  enter  upon  the  duties  of  their 
respective  offices. 

(275)  §  2284.     SEC.  14.     Each  of   the    officers  elected  at 
such  meetings,  except  justices  of  the  peace  and  school  inspec- 
tors, shall  hold  his  office  for  the  term  of  one  year,  and  until 
his  successor  shall  be  elected  and  duly  qualified. 

Att'y  Gen.  v.  Rice,  64/387. 

(276)  §  2285.     SEC.  15.     Each    township    officer    elected 
at  a  special  meeting  to  fill  a  vacancy,  shall  hold  his  office  dur- 
ing the  then  unexpired  portion  of   the  regular  term  of    the 
office,  and  no  longer,  unless  again  elected. 

(277)  §  2286.     SEC.  16.     The   annual    and    special    town- 
ship meetings  shall  severally  be  held  at  the  place  in  the  town- 
ship where  the  last  annual  township  meeting  was  held,  or  at 
such  other  place  therein  as  shall  have  been  ordered  at  a  pre- 
vious meeting,  or  when  there  has  been  no  such  previous  meet- 
ing, at  such  place  as  shall  be  directed  in  the  act  or  proceedings 
by  w^hich  the  township  was  organized,  unless  it  shall,  in  either 
case,  become  inconvenient  to  do  so. 

(278)  §  2287.     SEC.  17.     Whenever  it  shall  become  incon- 
venient to  hold  a  township  meeting  at  the  place  designated 
therefor,  the  board  of  inspectors,  or  a  majority  of  them,  after 


ELECTION  LAWS;    ,  ,  10 1 


having  assembled  at,  or  as  near  as  practicable  to  such  place, 
and  opened  the  meeting,  and  before  receiving  any  votes,  may 
adjourn  said  meeting  to  the  nearest  convenient  place  for  hold- 
ing the  same,  and  at  such  adjourned  place  forthwith  proceed 
with  the  meeting. 

(279)  §  2288.     SEC.  18.     Upon  adjourning  any  township  Proceedings 
meeting,  as  provided  in  the  last  section,  the  board  of  inspec-  n?enf.J°urn" 
tors  shall  cause  proclamation  thereof  to  be  made,  and  shall 

leave  a  constable,  or  some  other  proper  person,  at  the  place 
where  such  meeting  was  opened,  to  notify  all  persons  arriving 
at  such  place  that  the  meeting  has  been  adjourned,  and  the 
place  to  which  it  has  been  adjourned. 

(280)  §  2289.     SEC.  19.     Any  annual  or  special    meeting  For  what  pur- 
may,  by  a  vote  of  the  meeting,  be  adjourned  to  any  other  day,  maTadjolim8 
and  from  time  to  time,  for  the  purpose  of  transacting  any 

proper  business  of  the  township,  except  for  the  election  of 
officers. 

(281)  §  2290.     SEC.  20.     The  first  township  meeting  afte'r  p^  meeting 
the  organization  of  any  township,  shall  be  held  on  the  first 
Monday  in  April  after  its  organization,  and  at  such  meeting 

there  shall  be  an  election  for  such  officers  as  are  by  law  to  be 
elected  at  township  meetings. 

(282)  §  2291.     SEC.  21.     At  the  first  township  meeting  in  Proceedings  at 
any  toAvnship,  the  qualified  electors  present,  between  the  hours 

of  nine  and  ten  o'clock  in  the  forenoon,  shall  choose  one  of 
their  number  as  moderator,  one  of  their  number  as  clerk,  and 
two  others  of  their  number  as  inspectors,  who  shall  severally 
take  the  oath  of  office  prescribed  by  the  twelfth  article  of  the 
constitution,  and  shall  conduct  the  proceedings  of  such  meet- 
ing in  all  respects  as  other  township  meetings  are  required 
by  law  to  be  conducted,  as  near  as  may  be,  and  with  the  same 
powers. 

The    twelfth    article    referred    to    is    of    the    constitution    of    1835,    now,    see 
section  50  infra. 

(283)  §  2292.     SEC.  22.     If  the  inhabitants  of  any  newly  in  case  of  fail- 
organized  township  shall  fail  to  hold    their    first    township  g£w  ?a1fedng' 
meeting  on  the  day  specified  by  law,  any  three  qualified  voters 

of  such  township  may  call  a  meeting  of  the  electors  of  such 
township,  for  such  township  election,  at  any  time  thereafter, 
by  posting  up  notices  thereof  in  not  less  than  three  public 
places  in  such  township,  at  least  ten  days  previous  to  the  hold- 
ing of  such  meeting. 

(284)  §  2293.     SEC.  23.     At  such  first  township  meeting,  who  to  admin- 
the  moderator  shall  administer  the  oath  of  office  to  the  other  is 
inspectors,  and  either  of  the  other  inspectors,  after  having 

been  so  qualified,  may  administer  the  like  oath  to  the  modera- 
tor. 

(285)  §  2294.     SEC.  24.     Special  township  meetings  may  special  town- 
be  held  for  the  purpose  of  choosing  officers  to  fill  any  vacancy 

that  may  occur,  if  the  township  board  shall  deem  it  expedient,  ges,  how 
and  make  their  order  therefor;  and  in  case  the  said  township 


102    ;,  '. 


STATE  OF  MICHIGAN. 


Special  meet- 
ing for  other 
purposes. 


board  become  disorganized,  or  reduced  below  the  number  of  a 
quorum,  as  provided  by  law,  by,  or  through  the  death  or  re- 
moval of  the  officers  composing  the  same,  or  from  any  other 
cause,  then  such  special  township  meeting  may  be  called  and 
proceeded  in,  in  all  respects,  as  in  the  case  of  newly  organized 
townships. 

(286)  §  2295.     SEC.  25.     Special  township  meetings  shall 
also  be  held,  for  the  purpose  of  transacting  any  other  lawful 
business,  when  ordered  by  the  township  board,  on  a  request  to 
them  in  writing,  signed  by  any  twelve  electors  of  the  township, 
specifying  therein  the  purposes  for  which  such  meeting  is  to 
be  held;  and  the  mode  of  proceeding  at  all  special  meetings 
shall  be  the  same  as  at  the  annual  meetings. 

Loomis   v.    Rogers     Twp.,    53  / 142. 

(287)  §  2296.     SEC.  26.     Every  order  for  a  special  town- 
ship meeting  shall  specify  the  purpose  for  which  it  is  to  be 
held,  and  the  time  when,  and  the  place  where  it  shall  be  held ; 
and  if  any  vacancies  in  office  are  to  be  filled  at  such  meeting, 
such  order  shall  state  in  what  offices  vacancies  exist,  how  they 
occurred,  and  who  were  the  last  incumbents,  and  if  the  va- 
cancy be  in  the  office  of  justice  of  the  peace,  such  order  shall 
also  state  at  what  time  the  constitutional  term  of  office  will 
expire. 

The    record    must    show   all   statutory    requirements    to    have   been    complied 
with. — Loomis    v.    Rogers   Twp.,    53  /  135. 


Orders  for 
special  meet- 
ing, what  to 
specify. 


within  what  (288)  §  2297.  SEC.  27.  The  time  appointed  for  holding 
orderfnfeeting  any  special  township  meeting  shall  not  be  more  than  twenty, 
nor  less  than  fifteen  days  from  the  time  of  making  the  order 
therefor ;  and  such  order  shall  be  left  with  the  township  clerk 
within  two  days  after  the  making  thereof,  and  shall  be  re- 
corded in  his  office. 

NOTICE  :  A  special  statute  fixing  a  shorter  time  for  a  meeting  for  a  par- 
ticular purpose  supersedes  pro  tanto  the  general  law. — Miller  v.  Grandy, 
13  /  540.  See  Crittenden  v.  Robertson,  13  /  61. 


Clerk  to  give 
notice. 


No  notice  of 
annual  meet- 
ing. 


(289)  §  2298.     SEC.  28.     The  said  clerk  shall,  within  two 
days  after  such  order  shall  be  left  with  him,  cause  copies 
thereof  to  be  posted  up  in  three  of  the  most  public  places  in 
the  township;  and  if  there  be  a  newspaper  printed  in  such 
township,  he  shall  also  cause  a  copy  to  be  published  therein, 
if  practicable,  at  least  five  days  before  the  day  appointed  for 
such  special  meeting. 

(290)  §  2299.     SEC.  29.     No  notice  of  the  annual  town- 
ship meetings  shall  hereafter  be  necessary. 


MANNER    OF    CONDUCTING    ELECTIONS. 


inspectors  of         (291)      §  2300.     SEC.  30.     At   the    election    of   officers    re- 
quired to  be  chosen  by  ballot  at  the  annual  township  meet- 


ELECTION  LAWS.  103 


ing1,  the  inspectors  of  election  shall  be  the  same  as  at  the 
general  election. 

See   sections    200-202    relative   to    conducting   municipal    and    township   elec- 
tions. 

(292)  §  2301.     SEC.  31.     The  township  clerk  shall  be  the  Township 
<?lerk  of  the  township  meeting,  and  shall  keep  faithful  minutes  StS,  S? 
of  its  proceedings,  and  a  correct  list  of  the  persons  voting  at 

the  election,  and  he  shall  enter  at  length  in  his  minutes  every 
order  or  direction,  and  all  rules  and  regulations  made  by  such 
meeting. 

(293)  §  2302.     SEC.  32.     If  the  township  clerk  be  absent,  when  clerk  of 
then  such  person  as  shall  be  appointed  by  the  inspectors  f or  J^poimedVy6 
that  purpose  shall  act  as  clerk  of  the  meeting,  first  taking  an  inspectors. 
oath,  to  be  administered  by  one  of  the  inspectors,  that  he  will 
faithfully  perform  the  duties  of  his  office  according  to  the 

best  of  his  ability. 

(294)  §  2303.     SEC.  33.     The  polls  of  the  election  shall  be  Polls,  when 
opened  at  seven  o'clock  in  the  forenoon,  or  as  soon  thereafter  opened- 
as  may  be,  and  shall  close  at  the  hour  of  five  o'clock  in  the 
afternoon,  and  the  inspectors  shall  cause  proclamation  to  be 

made  upon  opening  the  polls  and  shall  also  cause  proclama- 
tion to  be  made  of  the  closing  of  the  polls  one  hour,  thirty 
minutes  and  fifteen  minutes,  respectively,  before  the  closing 
thereof. 

Am.   1903,  Act  138. 

(295)  §  2304.     SEC.  34.     When  the  election  is  by  ballot,  Ballots  to  be 
the  inspectors  shall  deposit  the  ballots  in  a  box,  to  be  con-  bo??slted  ln 
structed,  kept  and  disposed  of,  as  near  as  may  be,  in  the  man- 
ner prescribed  in  chapter  five. 

Chap.  5  referred  to  is  R.  S.  '46,  which  is  superseded  by  the  act  of -1851,  see  section 
•94  et  seque. 

(296)  §  2305.    SEC.  35.    The  ballot  shall  be  a  paper  ticket,  Baiiots,.what 
with  the  names  of  the  persons  for  whom  the  elector  intends  to     atam<  etc* 
to  vote,   written  or  printed,  or  partly    written    and  partly 

printed  thereon ;  and  shall  designate  the  office  to  which  each 
person  so  named  is  intended  by  him  to  be  chosen ;  but  no  bal- 
lot shall  contain  a  greater  number  of  names  as  designated  to 
tiny  office,  than  there  are  persons  to  be  chosen  at  such  election 
to  fill  such  office,  and  each  ballot  shall  be  so  folded  as  to  con- 
ceal the  contents,  and  shall  be  delivered  to  one  of  the  inspec- 
tors. 

(297)  §  2306.     SEC.  36.     If  at  any  election  there  shall  be  Designation  of 
one  or  more  vacancies  to  be  supplied,  in  the  office  of  justice  vacancy!0  * 
of  the  peace,  school  inspectors,  or  commissioners  of  highways, 

and  at  the  same  election,  any  such  officer  is  to  be  elected  for 
the  full  term,  it  shall  be  necessary  to  designate  on  the  ballot 
the  person  or  persons  voted  for  to  supply  such  vacancy  or 
vacancies. 


104 


STATE  OF  MICHIGAN. 


Challenges. 


Authority  to 
preserve  order, 
etc. 


Time  of  elect- 
ing officers. 


Proviso  as  to 
appropriation 
of  moneys. 


(298)  §  2307.  SEC.  37.  If  any  person  offering  to  vote  at 
such  election,  or  upon  any  question  arising  at  such  township 
meeting,  shall  be  challenged  as  unqualified  by  any  inspector, 
or  any  elector  entitled  to  vote  at  such  meeting,  the  inspectors 
shall  proceed  thereupon  in  the  manner  prescribed  in  chapter 
five,  in  case  of  a  challenge  at  the  general  election;  and  na 
person  whose  vote  shall  have  been  received  upon  such  chal- 
lenge, shall  be  again  challenged  upon  any  other  question,  aris- 
ing at  the  same  township  meeting. 

See  note  to  section  295. 

•  (299)  §  2308.  SEC.  38.  The  inspectors  or  officer  presid- 
ing, shall  have  the  same  authority  to  preserve  order,  to  en- 
force obedience,  and  to  commit  for  disorderly  conduct,  as  is 
possessed  by  the  board  of  inspectors  at  a  general  election. 

(300)  §  2309.  SEC.  39.  At  the  hour  of  one  o'clock  in.the 
afternoon,  there  shall  be  elected  the  other  officers  to  be  elected 
at  such  meetings  and  all  business  of  such  meetings  requiring 
a  viva  voce  vote,  except  that  required  by  section  eight  of  this 
chapter,  shall  be  then  transacted :  Provided,  That  on  all  votes 
for  the  appropriation  of  any  moneys,  or  for  the  raising  of  any 
taxes  in  said  township,  said  votes  shall  be  taken  in  such  a 
manner  that  the  moderator  of  such  meeting  may  be  able,  and 
shall,  upon  demand,  state  the  result  of  each  of  said  votes,  giv- 
ing the  number  voting  for  and  the  number  voting  against 
each  proposition  so  voted  upon,  all  of  which  shall  be  duly 
recorded  by  the  toAvnship  clerk  in  the  records  of  the  proceed- 
ings of  such  meeting. 

The  section  8  referred  to  is  section  269. 


Questions 

how^ 
mined. 


(301)  §  2310.  SEC.  40.  All  questions  upon  motions  made 
at  township  meetings,  shall  be  determined  by  a  majority  of 
the  electors  voting;  and  the  officer  presiding  at  such  meeting 
shall  ascertain  and  declare  the  result  of  the  votes  upon  each 
question. 


Canvass  of 
votes  and  de- 
termination of 
result. 


Ballots  to  be 
counted  and 
compared  with 
poll  list. 


CANVASS   OF  VOTES. 

(302)  §  2311.     SEC.  41.     The  votes  given  by  ballot  shall 
be  publicly  canvassed  by  the  inspectors,  at  the  place  where 
the  meeting  was  held,  and  the  result  shall  be  read  by  the  clerk 
to  the  persons  there  assembled;  and  such  reading  shall  be 
sufficient  notice  to  all  persons  elected  at  that  election  to  any 
office,  whose  names  are  on  the  poll  list  as  voters. 

(303)  §2312.  SEC.  42.    Before  the  ballots  are  opened,  they 
shall  be  counted  and  compared  with  the  poll  list,  and  the  like 
proceedings  shall  be  had  as  to  ballots  folded  together,  and  as. 
to  differences  in  number  as  are  prescribed  in  chapter  five. 


See  note  to  section  295. 


ELECTION  LAWS.  105 


(304)  §  2313.     SEC.  43.     The    canvass    being    completed,  statement  of 
and  the  result  ascertained,  the  inspectors  shall  draw  up  a  re 
statement  in  writing,  setting  forth,  in  words  at  full  length, 

the  whole  number  of  votes  given  for  each  office,  the  names  of 
the  persons  for  whom  such  votes  for  each  office  were  given, 
and  the  number  of  votes  so  given  to  each  person,  which  state- 
ment shall  be  certified  under  the  hands  of  the  inspectors  to 
be  correct. 

(305)  5  2314.     SEC.  44.     The  inspectors  shall  also  certify  statement  of 

. ,  T    ,  .        ,.  f     ,-,  determination 

upon    such  statement,  their    determination    of    the    persons  to  be  certified 
elected   to    the    respective    offices,    including    as   well   those and  recorded- 
elected  without  ballot,  as  those  elected  by  ballot ;  which  state- 
ment and  certificate  of  determination  shall  be  left  with  the 
township  clerk,  and  recorded  in  his  office. 

Robinson  v.   Supervisors,  49  /  321. 

(306)  §  2315.     SEC.  45.     The  persons  having  received  the 
greatest  number  of  votes  given  for  any  office  at  such  election, 
shall  be  deemed  and  declared  duly  elected;  and  if  two  or 
more  persons  shall  have  received  an  equal  number  of  votes 
for  the  same  office,  the  inspectors  of  election  shall  determine 
the  choice  by  lot,  and  shall  declare  and  certify  the  same  ac- 
tordingly. 

People  v.   Molitor,  23  /  341. 


TOWNSHIP   OFFICERS. 

(307)  §  2316.     SEC.  46.     All    officers,    except    justices    of  Oath  of  office. 
the  peace,  required  to  be  elected  at  township  meetings  by 

"ballot,  shall,  before  entering  upon  the  duties  of  their  offices, 
and  within  ten  days  after  notice  of  their  election,  respectively 
take  and  subscribe  the  oath  of  office  prescribed  by  the  twelfth 
article  of  the  constitution,  before  the  township  clerk,  or  some 
other  officer  authorized  to  administer  oaths,  and  file  the  same 
with  the  township  clerk,  who  shall  record  the  same;  and  such 
oath  shall  be  administered  without  reward,  and  certified  by 
the  officer  before  whom  the  same  was  taken,  with  the  date  of 
taking  the  same. 

Art.  12  referred  to,  is  of  the  constitution  of  1835,  see  section  50. 

(308)  §  2317.     SEC.  47.     Within  two  days  after  the  dec- 
tion  of  any  officers  at  a  township  meeting,  the  clerk  shall 
transmit  to  each  person  elected  to  any  township  office,  and 
whose  name  shall  not  have  been  entered  on  the  poll  list  at 
such  election  as  a  voter,  a  notice  of  his  election;  and  each 
overseer  of  highways  and  poundmaster  elected  at  such  meet- 
ing, shall,  within  ten  days  after  notice  of  his  election,  file  with 
the  said  clerk  a  notice  in  writing  of  his  acceptance,  and  in 
default  thereof  he  shall  be  deemed  to  have  refused  to  serve. 

14 


106 


STATE  OF  MICHIGAN. 


When  justices 
to  enter  upon 
their  duties. 


(309)  §  2318.  SEC.  48.  The  persons  so  elected  justices 
of  the  peace,  shall  enter  upon  the  duties  of  their  offices  respec- 
tively, as  follows: 

1.  Those  elected  for  the  full  term  of,  four  years,  on  the 
fourth  day  of  July  next  succeeding  their  election; 

2.  Those  elected  to  fill   vacancies,   and  those  elected   at 
the  first  township  meeting  in  any  new  township,  immediately 
upon  the  filing  of  their  oath  of  office  and  security  with  the 
county  clerk,  as  required  by  law. 

Hulbert  v.  Henry,  105/212. 


Justices  resid- 
ing in  new 
townships. 


Classification 
of  justices 


Mode  of  decid- 
ing term  of 
office. 


When  super- 
visor to  draw 
for  absent 
justices. 


Certificates  of 
classification 
to  be  made 
and  recorded. 


(310)  §  2319.     SEC.  49.     When  a  new  township  shall  be 
organized,  if  there  be  one  or  more  justices  of  the  peace  re- 
siding therein,  they  shall  be  deemed  to  have  vacated  their  re- 
spective offices. 

(311)  §  2320.    SEC.  50.    Within  six  days'after  the  election 
of  justices  of  the  peace  in  such  new  township,  the  supervisor 
shall  give  notice  in  writing  to  the  justices  elected,  and  to  the 
township  clerk,  of  the  time  and  place  when  and  where  he 
will  meet  them,  to  determine  by  lot  the  classes  of  such  jus- 
tices; which  notice  shall  be  served  at  least  six,  and  not  more 
1han  twelve  days,  previous  to  the  time  appointed  therein  for 
such  meeting. 

(312)  §  2321.     SEC.  51.    At    the  time    and  place  so  ap- 
pointed, the  supervisor  and  township  clerk  shall  cause  to  be 
written  on  separate  pieces  of  paper,  as  near  alike  as  may  be, 
the  numbers  one,  two,  three,  four,  or  such  and  so  many  of  such 
numbers  as  shall  correspond  with  the  number  elected,  and 
shall  cause  them  to  be  Drolled  up  as  nearly  alike  as  may  be, 
and  deposited  in  a  box ;  and  the  persons  elected  justices  shall 
severally  draw  one  of  the  said  pieces  of  paper,  and  each  shall 
be  classed  according  to  the  number  written  on  the  paper  so 
drawn  by  him,  and  shall  hold  his  office  for  the  term  as  fol- 
lows :    The  term  of  number  one  shall  expire  on  the  fourth  day 
of  July  then  next  following,  and  the  terms  of  the  others  on 
the  fourth  day  of  July  in  each  succeeding  year,  respectively, 
according  to  the  numbers  drawn  by  them. , 

(313)  §  2322.     SEC.  52.     If  any'  person  elected  a  justice 
shall  neglect  to  attend   such  drawing,  the  supervisor  shall 
draw  for  him;  but  if  the  supervisor  be  absent  from  his  town- 
ship, or  unable  to  serve,  or  his  office  be  vacant,  the  town- 
ship clerk  shall  give  the  notice,  and  perform  the  duties  herein 
enjoined  on  such  supervisor. 

(314)  §  2323.     SEC. -53.     Duplicate   certificates    of    such 
drawing,  and  of  the  result  thereof,  shall  be  made  and  certified 
by  the  supervisor  and  township  clerk,  or  such  one  of  them  as 
shall  attend  the  same,  one  of 'which  shall  be  filed  with  the 
township  clerk,  and  the  other  with  the  county  clerk,  and  shall 
be  recorded  by  said  clerks  in  the  books  in  which  the  canvasses- 
of  votes  shall  have  been  recorded,  and  shall  be  conclusive  evi- 
dence of  the  classes  to  which  the  justices  so  elected  belong. 


ELECTION  LAWS.  107 


(315)  §  2324.     SEC.  54.     In  case  more  than  one  existing  classification 
vacancy  in  the  office  of  justices  of  the  peace  shall  be  supplied  Section^  mi 
by  election  at  any  township  meeting,  the  classes  of  the  per-  vacancies 
sons  elected  to  fill  the  same  shall  be  determined  by  lot,  within 

the  time,  and  in  the  manner  prescribed  for  classifying  justices 
elected  in  new  townships. 

(316)  §  2325.     SEC.  55.     If    any    person    elected   to    any  Penalty  for 
township  office,  except  that  of  justice  of  the  peace,  of  whom 

an  oath  of  office  is  required,  who  is  not  exempted  by  law  from 
holding  the  office  to  which  he  is  elected,  shall  not,  within  ten 
days  after  notice  of  his  election,  take  and  subscribe  the  oath 
of  office  required  by  law,  and  cause  the  same  to  be  filed  with 
the  township  clerk,  or  if  any  such  officer  of  whom  a  bond  or 
security  shall  be  required,  shall  not  file  such  bond  or  security 
within  the  time  above  limited  for  filing  his  said  oath,  he  shall 
forfeit  and  pay  the  sum  of  ten  dollars;  and  if  any  person 
elected  to  the  office  of  overseer  of  highways  or  poundmaster, 
and  not  exempted  by  law  from  holding  such  office,  shall  re- 
fuse to  serve,  he  shall  forfeit  and  pay  the  like  sum,  unless  the 
person  selected  shall  file  with  the  clerk  of  his  township, 
within  said  ten  days,  a  written  notice  stating  that  he  declines 
accepting  the  office. 

THE    BOARD    OP   REVIEW. 

[Extract  from  Act  206  of  1893.] 

(317)  §3851.     SEC.  28.     At  the  annual  township  meeting  Board  of  re- 
held  on  the  first  Monday  of  April  in  the  year  eighteen  hun-  5?w> 
dred  and  ninety-four,  there  shall  be  elected  by  ballot,  on  the 
regular  township  ticket,  two  tax-paying  electors  of  the  town- 
ship, who  shall  be  owners  of  land  in  said  township,  to  serve  as 
members  of  the  board  of  review,  one  of  whom  shall  be  elected 

for  one  year  and  one  for  two  years,  and  annually  thereafter 
one  member  shall  be  elected  for  two  years,  who  shall  take  the 
constitutional  oath  of  office  as  other  township  officers.     The  who  to  con- 
supervisor  and  the  two  electors  so  elected  shall  constitute  a  st 
board  of  review  for  such  township.    The  township  board  may  vacancy,  how 
temporarily  fill  any  vacancy  which  shall  occur  in  said  mem-  m 
bership  of  said  board  of  review,  but  no  member  of  such  town- 
ship board  shall  be  eligible  to  fill  such  vacancy.    A  majority  Quorum,  etc. 
of  said  board  of  review  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  a  less  number  may  adjourn  from 
day  to  day  and  a  majority  vote  of  those  present  shall  decide 
all  questions. 

Am.    1901,   Act   129. 

The   above   section    is   taken   from   an   act   providing   for   the   assessment   of 
property  and  collection  of  taxes,  etc. 

RESIGNATIONS,   VACANCIES,  AND   SUPPLYING   VACANCIES. 

(318)  §  2326.    SEC.  56.    Resignations  of  all  officers  elected  HOW  resigna- 
at  township  meetings  shall  be  in  writing,  signed  by  the  officer 


108 


STATE  OF  MICHIGAN. 


When  office 
to  become 
vacant. 


resigning,  and  addressed  to  the  township  board,  and  shall  be 
delivered  to  and  filed  by  the  township  clerk;  and  when  a 
justice  of  the  peace  resigns,  such  clerk  shall  immediately 
transmit  a  copy  of  such  resignation,  certified  by  him,  to  the 
county  clerk. 

(319)  §  2327.  SEC.  57.  Every  township  office,  including 
the  office  of  justice  of  the  peace,  shall  become  vacant,  upon 
the  happening  of  either  of  the  events  specified  in  chapter  fif- 
teen, as  creating  a  vacancy. 

VACANCIES:     See  sections  399,  401,  405,  408. 

Paw  Paw   v.   Eggleston,   25  /  39  ;   People  v.   Stellwagen,   33  /  1. 

Temporary  (320)      §  2328.     SEC.  58.     Whenever    there    shall  be  a  va- 

fn  cer?a£en  '    cancy,  or  when  the  incumbent  shall,  from  any  cause,  be  unable 
made  by  town-  *°  perform  the  duties  of  his  office,  in  either  of  the  township 
ship  board.       offices,  except  that  of  justice  of  the  peace  and  township  treas- 
urer, the  township  board  may  make  temporary  appointments 
of  suitable  persons  to  discharge  the   duties  of  such  offices 
respectively;  and  such  persons,  so  appointed,  shall  take  the 
oath  of  office,-  or  file  the  notice  of  acceptance  required  by  law, 
and  shall  continue  to  discharge  such  duties  until  the  office  is 
filled  by  election,  or  until  the  disability  aforesaid  be  removed. 

Bank  v.  St.  Joseph,  46  /  528  ;  Locke  v.  Highway  Com'r,  107  /  633.  A  town- 
ship temporarily  represented  by  an  appointed  supervisor  has  the  sanre  voice 
upon  the  board  that  it  had  before  the  vacancy. — Peck  v.  Supervisors,  102  / 
346. 


When  town- 
ship treasurer 
to  oe  appoint- 
ed by  board. 


(321)  §  2329.  SEC.  59.  In  case  the  treasurer  of  any 
township  shall  refuse  to  serve,  or  shall  vacate  his  office  before 
completing  the  duties  thereof,  or  be  disabled  from  completing 
the  same,  by  reason  of  sickness  or  any  other  cause,  the  town- 
ship board  shall  forthwith  appoint  a  treasurer  for  the  re- 
mainder of  the  term,  who  shall  give  like  security,  and  be  sub- 
ject to  like  duties  and  responsibilities,  and  have  the  same 
powers  and  compensation  as  the,  treasurer  in  whose  place 
he  was  appointed,  and  the  township  clerk  shall  immediately 
give  notice  thereof  to  the  county  treasurer ;  but  such  appoint- 
ment shall  not  exonerate  the  former  treasurer,  or  his  sureties, 
from  any  liability  incurred  by  him  or  them. 


Minutes  of 

township 

meeting. 


CERTAIN   DUTIES    OP   TOWNSHIP   CLERK   RELATIVE   TO   ELECTIONS. 

(322)  §  2339.  SEC.  66.  He  shall  transcribe  in  the  book 
of  records  of  his  township  the  minutes  of  the  proceedings  of 
every  township  meeting  held  therein,  and  he  shall  enter  in 
such  book  every  order  or  direction,  and  all  rules  and  regula- 
tions made  by  any  such  township  meeting. 


Harding   v.    Bader, 


/318. 


ELECTION  LAWS.  109 


(323)  §  2340.     SEC.  67.     The  township  clerk  of  each  town-  clerks  9f 
ship,  and  the  city  clerk  of  each  city,  shall,  immediately  after  dtTenss 
the  qualifying  of  the  several  officers  elected  or  appointed  in  [j^m 
their  respective  townships  and  cities,  return  to  the  clerks  of  officers  foC" 
their  respective  counties  the  names  of  all  such  officers,  with  co 
their    respective    postoffice    addresses:     Provided,    That    the 
township   clerk   of  the  township   of   South  Manitou,   in  the 
county  of  Manitou,  may  make  such  return  at  any  time  before 

the  first  day  of  June  next  after  the  election  of  such  officers. 

(324)  §  2341.     SEC.  68.     Each  township   clerk  shall,  im- TO  give  notice 
mediately  after  the  election  of  any  justices  of  the  peace  in  his  jisuces!°n  ° 
township,  transmit  a   written   notice  thereof  to  the  county 

clerk,  stating  therein  the  names  of  the  persons  so  elected, 
and  the  terms  for  which  they  were  respectively  elected;  and 
if  one  or  more  of  them  has  been  elected  to  fill  a  vacancy,  he 
shall  state  in  such  notice  who  was  the  last  incumbent  of  the 
office. 


TOWNSHIP   TREASURER. 

(325)  §  2353.  SEC.  76.  The  township  treasurer  shall  re- 
ceive  and  take  charge  of  all  moneys  belonging  to  the  town- 
ship, or  which  are  by  law  required  to  be  paid  into  the  town- 
ship treasury,  including  all  moneys  that  may  accrue  to  his 
township  on  account  of  non-resident  highway  taxes,  and  shall 
pay  over  and  account  for  the  same,  according  to  the  order 
of  such  township,  or  the  officers  thereof  duly  authorized  in 
that  behalf;  and  shall  perform  all  such  other  duties  as  shall 
be  required  of  him  by  law;  but  nov person  shall  be  eligible  to  Not  to  hold 
the  office  of  tow^nship  treasurer  for  more  than  two  years  in  tS^twoyea- 

Succession.  in  succession; 


COMPENSATION    TO    TOWNSHIP    OFFICERS. 

(326)      §  2374.     SEC.  95.     The  following    township  officers  officers  corn- 
shall  be  entitled  to  compensation  at  the  following  rates,  for  *** 
each  day  actually  and  necessarily  devoted  by  them  to  the  serv- 
ice of  the  township,  in  the  duties  of  their  respective  offices, 
to  be  verified  by  affidavit,  whenever  required  by  the  township 
boards: 

First,  The  officers  composing  the  township  board,  board  of 
registration,  board  of  health,  inspectors  of  election,  clerks  of 
the  poll,  commissioners  of  highways  and  school  inspectors, 
one  dollar  and  fifty  cents  per  day,  and  at  the  same  rate  for 
parts  of  days; 

Second,  The  township  clerk,  as  clerk  of  the  board  of  com- 
missioners of  highways,  of  the  township  board,  and  of  the 
board  of  school  inspectors,  one  dollar  and  fifty  cents  per  day, 
and  at  the  same  rate  for  parts  of  a  day;  but  no  township 
officer  shall  be  entitled  to  pay  for  acting  in  more  than  one 
capacity  at  the  same  time. 


110 


STATE  OF  MICHIGAN. 


Compensation 
for  other  ser- 
vices. 


(327)  §  2375.  SEC.  96.  For  services  not  otherwise  pro- 
vided for  by  law,  rendered  to  townships  by  township  officers 
in  the  duties  of  their  respective  offices,  the  township  board 
shall  audit  and  allow  such  compensation  as  they  shall  deem 
reasonable. 

Sawyer  v.  Goodman  Co.  v.   Crystal  Falls  Twp.,  56  /  597. 


TOWNSHIP    BUSINESS    OTHER   THAN    ELECTIONS. 


Moderator  of 

township 

meeting. 


Powers  and 
duties  of 
moderator. 


Idem. 


Disorderly 
conduct  at 
township 
meetings. 


Penalty  for 
disregarding 
order  of 
moderator. 


(328)  §  2376.     SEC.  97.     In  the  transaction  of  any  busi- 
ness other  than  the  election  of  officers  in  any  township  meet- 
ing, the  supervisor,  if  present,  shall  be  the  moderator  of  the 
meeting;  and  if  he  shall  not  be  present,  any  other  of  the  in- 
spectors of  election,  except  the  clerk,  who  shall  be  designated 
by  the  inspectors  present,  shall  be  the  moderator ;  or  the  meet- 
ing, under  the  direction  of  the  inspectors  present,  may  elect 
viva  voce,  a  moderator  of  the  meeting. 

(329)  §  2377.     SBC.  98.     The  moderator  shall  preside  in, 
and  regulate  the  proceedings  of  the  meeting;  he  shall  decide 
all  questions  of  order,  and  make  public  declaration  of  all 
votes  passed;  and  when  any  vote  so  declared  by  him  shall 
immediately  upon  such  declaration  be  questioned  by  seven  or 
more  of  the  voters,  he  shall  make  the  vote  certain  by  polling 
the  voters,  or  dividing  the  meeting,  unless  the  township  shall, 
by  a  previous  vote,  or  by  their  by-laws,  have  otherwise  pro- 
vided. 

(330)  §  2378.     SEC.  99.     No    person    shall    address    the 
meeting  before  permission    obtained    of    the  moderator,  nor 
while  any  other  person  is  speaking  by  his  permission;  and 
all  persons  at  such  meeting  shall  be  silent  at  the  request  of 
the  moderator. 

(331)  §  2379.     SEC.  100.     If,    at    any    township    meeting 
any  person   shall   conduct  himself  in  a   disorderly  manner, 
and,  after  notice  from  the  moderator  shall  persist    therein, 
the  moderator  may  order  him  to  withdraw  from  the  meeting, 
and  on  his  refusal,  may  order  the  constables,  or  any  other  per- 
sons to  take  him  into  custody  until  the  meeting  be  adjourned. 

(332)  §  2380.     SEC.  101.     Any   person   who   shall   refuse 
to  withdraw  from  such  meeting,  on  being  ordered  by  the  mod- 
erator to  do  so,  as  provided  in  the  preceding  section,  shall, 
for  every  such  offense,  forfeit  a  sum  not  exceeding  twenty 
dollars. 


Who  may 
vote,  chal- 
lenges. 


QUALIFICATIONS    OF    VOTERS    AND    OFFICERS. 

(333)  §  2381.  SEC.  102.  Each  inhabitant  of  any  town- 
ship, having  the  qualifications  of  an  elector,  as  specified  in 
the  constitution  of  this  State,  and  no  other  person,  shall  have 
a  right  to  vote  on  all  matters  and  questions  before  any  town- 
ship meeting,  and  when  any  person  claiming  the  right  to 


ELECTION  LAWS.       v  111 


vote  shall  be  challenged  by  a  voter,  the  moderator  shall  pro- 
ceed in  the  same  manner  as  on  challenges  at  the  election  of 
township  officers. 

Mudge  v.    Stebbins,  59/165. 

(334)     §  2382.     SEC.  103.     >7o  person  except  a  citizen  of  who  shall  be 
the  United  States  and  an  elector  as  aforesaid  shall  be  eligible  office!6 1 
to  any  elective  office  contemplated  in  this  chapter :    Provided, 
however,   That  any   female  person   of  or  above  the  age  of 
twenty-one  years,  who  has  resided  in  this  State  six  months 
and  in  the  township  twenty  days  next  preceding  any  election, 
shall  be  eligible  to  the  office  of  school  inspector. 


FIRST    ELECTIONS    IX    TOWNSHIPS. 
[Extract   from   Act   156   of  1851.] 

(335)      §  2489.     SEC.  16.     Whenever    the   board   of   super-  Proceedings 
visors  shall  erect  a  new  township  in  any  county,  they  shall  J£n  ofnew 
designate  the  name  thereof,  the  time  and  place  of  holding  the  koIrcuJF  by 
first  annual  township  meeting  therein,  and  three  electors  of  supervisors. 
such  township,  whose  duty  it  shall  be  to  preside  at  such  meet- 
ing, appoint  a  clerk,  open  and  keep  the  polls,  and  exercise 
the  same  powers  as  the  inspectors  of  election  at  any  township 
meeting.     And  in  case  any  of  the  three  electors  above  men- 
tioned shall  refuse  or  neglect  to  serve,  the  electors  of  said 
township  present  at  such  meeting  shall  have  power  to  substi- 
tute some  other  elector  of  such  township  for  each  one  so 
neglecting  or  refusing  to  serve.    Notice  of  the  time  and  place  Notice  of 
of  such  meeting,  signed  by  the  chairman  or  clerk  of  the  board 
of  supervisors,  shall  be  posted  in  four  of  the  most  public  places 
in  such  new  township,  by  the  persons  so  designated  to  pre- 
side at  such  meeting,  or  by  some  person  appointed  by  such 
board  of  supervisors  for  that  purpose,  and  in  each  of  the 
townships  whose  boundaries  may  have  been  altered  by  the 
erection  of  such  new  township,  at  least  fourteen  days  before 
holding  the  same.     They  shall  also  fix  the  place  for  holding      firsto 
the  first  township  meetings  in  the  town  or  towns  from  which  Sup  meeting! 
such  new  township  shall  be  taken,  which  shall  also  be  stated 
in  the  notice  posted  in  such  last  named  township;  but  noth- 
ing in  this  act  shall  affect  the  rights,  or  abridge  or  enlarge 
the  term  of  office  of  any  town  officer  except  justice  of  the 
peace,  in  any  such  township;  but  such  township  officer  other 
than  justice  of  the  peace,  residing  within  the  limits  of  such 
new  township,  shall  continue  to  be  such  officer  in  such  new 
township,  till  the  expiration  of  the  time  for  which  he  was 
elected,  in  the  same  manner  as  if  originally  elected  therein; 
and  the  terms  of  office  of  all  township  officers  except  justices 
of  the  peace  elected  at  such  first  township  meeting,  shall  ex- 
pire on  the  first  Monday  of  April  thereafter,  or  as  soon  there- 
after as  their  successors  are  elected  and  qualified. 

Att'y    Gen.   v.   Marr,   55/445. 


112 


STATE  OF  MICHIGAN. 


CHAPTER  VIII.— OFFENSES  AGAINST  ELECTION 

LAWS. 


PENALTIES. 


Punishment 
for  bribing  an 
elector,  etc. 


LR.    S.   1846,   Chap.   19.] 

Punishment  of  (336)  §  11437.  SECTION -1.  If  any  officer  on  whom  any 
iu  neglect  of1"  duty  is  enjoined  by  law,  relative  to  general,  special,  township, 
duty.  or  cftarter  elections,  or  the  canvassing  or  return  of  votes  given 

at  any  election,  shall  be  guilty  of  any  wilful  neglect  of  such 
duty,  or  of  any  corrupt  conduct  in  the  execution  of  the  same, 
he  shall,  on  conviction  thereof,  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  fine  not  exceeding  one  thou- 
sand dollars,  or  imprisonment  in  the  State  prison  not  ex- 
ceeding three  years. 

Wattles  v.  People,  13  /  449  :   People  v.   Swift,   59  /  543. 
Information    held    good    under    this    section,    105  /  169. 

(337)  §  11438.     SEC.  2.     If  any  person  shall,  by  bribery, 
menace,  or  any  other  corrupt  means  or  device  whatever,  either 
directly  or  indirectly,  attempt  to  influence  any  elector  in  giv- 
ing his  vote,  or  deter  him  from,  or  interrupt  him  in  giving  the 
same,  at  any  election  held  pursuant  to  the  provisions  of  law, 
such  person  shall  on  conviction  thereof,  be  adjudged  guilty  of 
a  misdemeanor,  and  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  in  ,the  county  jail 
not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

(338)  §  11439.     SEC.  3.     Every    person    not    a    qualified 
voter,  who  shall,  at  any  election,  wilfully  give  in  a  vote  for 
any  officer  then  to  be  chosen;  and  every  qualified  voter  who, 
at  such  election,  shall  vote  or  offer  to  vote  in  any  township 
or  ward  in  which  he  does  not  reside,  or  who  shall  vote  or 
offer  to  vote  more  than  once  at  the  same  election,  either  in  the 
same  or  any  other  township  or  ward,  or  shall  give  in  two  or 
more  votes  folded  together,  shall,  on  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  dis- 
cretion of  the  court. 

(339)  §  11440.     SEC.  4.     Every  person  who  shall  procure, 
aid  or  counsel  any  person  not  duly  qualified  to  vote  at  the 
place  where  the  vote  is  given  or  offered,  to  give  or  offer  his 
vote  at  any  such  election,  and  every  person  who  shall  procure, 
aid,  or  counsel  any  person  to  go  or  come  into  any  towrnship 
or  ward  for  the  purpose  of  voting  therein,  at  any  election, 
knowing  that  such  person  is  not  duly  qualified  to  vote  in  such 
township  or  ward,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  be  punished  in  the  manner 
prescribed  in  the  third  section  of  this  chapter. 

McDade  v.   People,  29  /  55. 


Punishment 
for  illegal 
voting. 


Penalty  for 
counseling, 
etc.,  any 
person  not 
qualified  to 
vote. 


ELECTION  LAWS. 


(340)      §  11441.     SEC.  5.     Any  person  not  duly  authorized  Punishment 
by  law,  who  shall,  during  the  progress  of  any  election  in  this  oTVaSS'bok 
State,  or  after  the  closing  of  the  polls,  and  before  the  ballots  etc- 
are  counted,  and  the  result  ascertained,  break  open,  or  violate 
the  seals  or  locks  of  any  ballot  box  in  which  ballots  have  been 
deposited  at  such  election,  or  who  shall  obtain  undue  posses- 
sion of  such  ballot  box  containing  such  ballots,  and  conceal, 
withhold  or  destroy  the  same,  or  who  shall  fraudulently  or 
forcibly  add  to  or  diminish  the  number  of  ballots  legally  de- 
posited, and  all  persons  aiding  or  abetting  therein,  shall  be 
adjudged  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  State  prison  for  a 
term  not  exceeding  ten  years,  or  by  a  fine  not  exceeding  one 
thousand  dollars. 

Drennan  v.  People,  10  /  173. 

(341).     §  11442.     SEC.  6.     It  shall  be  the  duty  of  every  in- Duty  of 
spector  of  elections,  sheriff,  constable,  and  justice  of  the  peace, sheriff'  etc' 
knowing,  or  having  reason  to  believe  that  an  offense  punish- 
able under  the  provisions  of  this  chapter,  has  been  committed, 
to  cause  the  offender  forthwith  to  be  arrested,  and  to  give 
information  thereof  to  the  prosecuting  attorney  without  de- 
lay, and  such  prosecuting  attorney  shall  adopt  effectual  meas- 
ures for  the  punishment  of  all  persons  who  shall  violate  the 
provisions  of  this  chapter. 

(342)      §11443.     SEC.  7.     It  shall  be  the  duty  of  all  courts  Courts  to 
in  this  State,  having  cognizance  of  such  offenses,  at  each  term  j?urayfe  ^ 
thereof  to  charge  the  grand  jury  to  make  presentment  of  all 
offenses  committed  within  their  respective  counties,  against 
any  of  the  provisions  of  this  chapter. 


BETTING  UPON  ELECTIONS. 

An  Act  to  preserve  the  purity  of  elections. 

[Act   172   of   1861.] 

« 

The  People  of  the  State,  of  Michigan  enact: 

(343)  §  11444.  SECTION  1.  That  any  person  who  shall, 
either  directly  or  indirectly,  bet,  wager,  or  hazard  any  money  election. 
or  other  property,  upon  the  result  of.  the  election  of  any  officer 
of  this  State,  or  of  the  United  States,  shall,  on  conviction 
thereof,  be  liable  to  a  fine  at  least  equal  in  amount  to  the 
amount  of  money  or  the  value  of  the  property  so  bet,  wagered 
or  hazarded:  Provided,  That  in  no  case  shall  such  fine  be 
less  than  five,  nor  more  than  five  hundred  dollars. 

Buckley   v.    Saxe,    10  /  328. 
15 


114 


STATE  OF  MICHIGAN. 


Selling  pools 
on  election, 
etc.,  pro- 
hibited 


Penalty  for 

wagering 

money. 


Penalty  for 
wagering 
money,  etc., 


BETTING  UPON  NOMINATIONS. 

An  Act  to  prevent  betting  upon   the   result   of  any  political  nomination, 
appointment  or  election. 

[Act   175   of   1877.] 

The  People  of  the  State  of  Michigan  enact: 

(344)  §  11445.     SECTION  1.     That  any  person    who    shall 
keep  any  room  or  building  for  the  purpose,  in  part  or  in 
whole,  of  recording  or  registering  bets  or  wagers,  or  of  sell- 
ing pools  upon  the  result  of  any  political  nomination,  appoint- 
ment, or  election,  and  any  person  who  shall  record  or  register 
bets  or  wagers  or  sell  pools  on  such  result,  or  any  person 
who  shall  wager  any  property,  money,  or  thing  exceeding  one 
hundred  dollars  in  value  on  such  result,  or  shall  keep  or  em- 
ploy any  device  or  apparatus  for  the  purpose  of  registering 
or  recording  bets  or  wagers,  or  the  selling  of  such  pools,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  on  [upon]  con- 
viction thereof  be  punished  by  imprisonment  in  the  county 
jail  not  more  than  one  year,  or  by  fine  not  exceeding  one  thou- 
sand dollars,  or  by  both  suck  fine  and  imprisonment. 

(345)  §  11446.     SEC.  2.     Any  person  who  shall  wager  any 
property,  money  or  thing  not  exceeding  one  hundred  dollars 
in  value,  or  shall  become  the  custodian  or  depository  of  any 
money,    property,   or   thing    of   value,    staked,   wagered,   or 
pledged,  upon  the  result  of  any  political  nomination,  appoint- 
ment, or  election,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  upon  conviction  thereof,  be  punished  by  imprison- 
ment in  the  county  jail  not  more  than  three  months,  or  by 
fine  not  exceeding  one  hundred  dollars,  or  by  both  such  fine 
and  imprisonment. 


BRIBERY. 


Persons 
deemed  guilty 
of  bribery. 


An  Act  to  maintain  political  purity. 
[Act  190-  of  1877.] 

The  People  of  the  State  of  Michigan  enact: 

(346)  §  11447.  SECTION  1.  That  the  following  persons 
shall  be  guilty  of  bribery,  and  shall  be  punished  accordingly : 

First,  Every  person  who  shall,  directly  or  indirectly,  by 
himself  or  by  any  other  person  on  his  behalf,  give,  lend  or 
agree  to  give  or  lend,  or  shall  offer  or  promise  any  money  or 
valuable  consideration  or  promise  or  endeavor  to  procure  any 
money  or  valuable  consideration  to  or  for  any  voter,  or  to 


ELECTION  LAWS  115 


or  for  any  person  on  behalf  of  any  voter,  or  to  or  for  any 
person  in  order  to  induce  any  voter  to  vote  or  refrain  from 
voting,  or  shall  corruptly  do  any  such  act  as  aforesaid,  on 
account  of  such  voter  having  voted  or  refrained  from  voting 
for  any  person,  candidate  or  ticket  at  any  public  election  in 
this  State ; 

Second,  Every  person  who  shall,  directly  or  indirectly,  by  The  offer  or 
himself  or  by  any  other  person  on  his  behalf  give  or  pro- 
cure,  or  agree  to  give  or  procure,  or  offer  or  promise  any 
office,  place  or  employment,  or  promise  to  procure  or  to  en- 
deavor to  procure  any  office,  place  or  employment  to  or  for 
any  voter,  or  to  or  for  any  other  person  in  order  to  induce  % 

such  voter  to  vote  or  refrain  from  voting,  or  shall  corruptly 
do  any  such  act  as  aforesaid,  on  account  of  any  voter  having 
voted  or  refrained  from  voting  for  any  person,  candidate  or 
ticket,  at  any  such  election; 

Third,  Every  person  who  shall,  directly  or  indirectly,  by  The  empioy- 
himself  or  by  any  other  person  on  his  behalf,  make  any  gift,  {Se?or?ipt 
loan,  offer,  promise,  procurement,  or  agreement,  as  aforesaid,  voters- 
to  or  for  any  person,  in  order  to  induce  such  person  to  pro- 
cure or  endeavor  to  procure  the  election  of  any  person  to 
any  public  office  in  this  State,  or  the  vote  of  any  voter  at  any 
such  election; 

Fourth,  Every  person  who  shall  upon,  or  in  consequence  of  who  shall  re- 
any  such  gift,  loan,  offer,  promise,  procurement,  or  agreement,  " 
procure  or  engage,  promise  or  endeavor  to  procure  the  elec- 
tion of  any  person  or  persons  to  any  public  office  or  offices 
in  this  State,  or  the  vote  of  any  voter  at  any  such  election ; 

Fifth,  Every  person  who  shall  advance,  or  pay,  or  cause  to  who  shall  ad- 
be  paid  any  money  to,  or  to  the  use  of,  any    other  person,  foTbriber^of 
with  the  intent  that  such  money  or  any  part  thereof  shall  be  a  voter 
expended  in  bribery  at  any  such  election,  or  who  shall  know- 
ingly pay  or  cause  to  be  paid  any  money  to  any  person  in 
discharge  or  repayment  of  any  money,  wholly  or  in  part,  ex- 
pended in  bribery  at  any  such  election. 

(347)  §  11448.     SEC.  2.     Any  person  offending,  according  Penalty  for 
to  the  provisions  of  the  preceding  section,  shall  be  deemed  ceSng^ec^6" 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  tlons- 
punished  by  a  fine  of  two  hundred  dollars;  but  the  bona  fide 
payment  by  any  candidate  for  office  or  other  person  for  the  Legitimate 
fair  and  reasonable  cost  of  printing  tickets  and  slips  or  past-  £SSS?  e 
ers,  and  of  advertising  in  the  newspapers  or  by  posters  any 
political  meeting,  and  the  reasonable  and  bona  fide  expenses 

of  holding  such  meetings  and  procuring  speakers,  and  getting 
out  the  people  to  the  same,  of  obtaining  and  distributing 
papers  and  tickets  and  of  bringing  voters  out  to  the  polls, 
shall  be  held  to  be  expenses  lawfully  incurred,  and  the  pay- 
ment thereof  shall  not  be  a  contravention  of  this  act. 

(348)  §  11449.     SEC.  3.     The  following  persons  shall  also  others^deemed 
be  deemed  guilty  of  bribery  and  on  conviction,  thereof  shall  bribery! 

be  punished  as  prescribed  in  the  preceding  section: 


116 


STATE  OF  MICHIGAN. 


Person  who 
offers  to  vote 
or  refrain  from 
voting  for 
money,  etc. 


Person  who 
after  election 
receives 
money,  etc. 


When  candi- 
dates shall 
not  provide 
refreshments. 


Penalty. 


When  others 
shall  not  pro- 
vide refresh- 
ments, for 
purpose  of 
corrupting 
voter. 


Intimidation 
of  voter. 


Penalty. 


Election  of 
candidate  who 
commits 
bribery  void. 


First,  Every  voter  who  shall  before  or  during  any  election, 
directly  or  indirectly,  by  himself  or  by  any  other  person  on 
his  behalf,  ask,  solicit,  receive,  agree  or  contract  for  any 
money,  gift,  loan  or  valuable  consideration,  office,  place,  or 
employment  for  himself  or  any  other  person,  for  voting  or 
agreeing  to  vote,  or  for  refraining  or  agreeing  to  refrain  from 
voting  for  any  person,  candidate,  or  ticket  at  any  public  elec- 
tion in  this  State; 

Second,  Every  person  who  shall  after  any  election,  directly 
or  indirectly,  by  himself  or  by  any  other  person  on  his  behalf, 
receive  any  money  or  valuable  consideration  on  account  of 
any  person  having  voted  or  refrained  from  voting,  or  having 
induced  any  other  person  to  vote  or  to  refrain  from  voting  for 
any  person,  candidate,  or  ticket  at  any  such  election. 

(349)  §  11450.     SEC.  4.     No    candidate    for    any    public 
office  shall  corruptly,  by  himself,  or  by  or  with  any  person, 
or  by  any  other  way  or  means  on  his  behalf,  at  any  time, 
either  before  or  during  an  election,  directly  or  indirectly  give 
or  provide,  or  cause  to  be  given  or  provided,  or  shall  be  ac- 
cessory to  the  giving  or  providing,  or  shall  pay  wholly  or  in 
part  any  expenses  incurred  for  any  meat,  drink,  refreshment, 
or  provision  to  or  for  any  person,  in  order  to  be  elected,  or 
for  being;  elected,  or  for  the  purpose  of  corruptly  influencing 
such  person  or  any  other  person  to  give  or  refrain  from  giv- 
ing his  vote  at  such  election;  and  every  person  so  offending 
shall  be  deemed  guilty  of  corrupt  practice,  and  on  conviction 
thereof  shall  be  fined  not  less  than  twenty-five  or  more  than 
two  hundred  dollars. 

(350)  §  11451.     SEC.  5.     The    giving    or    causing    to    be 
given  to  any  voter  on  any  election  day,  on  account  of  such 
voter  being  about  to  vote,  or  having  voted,  any  meat,  drink, 
or  refreshment,  or  any  money  or  ticket  to  enable  such  voter 
to  procure  refreshment,  shall  be  deemed  a  corrupt  practice, 
and  persons  convicted  thereof  shall  be  punished  as  provided 
in  the  preceding  section. 

(351)  §  11452.     SEC.  6.     Any  person  who   shall   directly 
or  indirectly  discharge  or  threaten  to  discharge  any  person 
who  may  be  in  his  employ  for  the  purpose  of  influencing  his 
vote  at  any  election  in  this  State,  and  any  priest,  pastor, 
curate  or  other  officer  of  any  religious  association  or  society, 
who  shall  impose  or  threaten  to  impose  any  penalty  of  ex- 
communication, dismissal   or    expulsion,  or  who    shall   com- 
mand or  advise,  under  pain  of  religious  disapproval  for  the 
purpose  of  influencing  any  voter  at  an  election  in  this  State, 
shall  be  deemed  guilty  of  corrupt  practice,  and  on  convic- 
tion thereof  shall  be  punished  as  provided  for  in  section  four 
of  this  act. 

(352)  §  11453.     SEC.  7.     If  any  candidate  for  any  public 
office  at  any  election  in  this  State  shall  commit  bribery,  or 
any  corrupt  practice,  as  defined  in  this  act,  the  election  of 
such  candidate,  if  he  has  been  elected,  shall  be  void,  and  if  he 


ELECTION  LAWS.  117 


shall  enter  into  the  office  for  which  he  was  elected,  an  in- 
formation in  the  nature  of  a  quo  warranto  to  oust  him  from 
such  office,  may  be  filed  in  the  supreme  court,  or  the  proper 
circuit  court,  under  chapter  two  hundred  and  twenty -five  of 
the  compiled  laws  of  eighteen  hundred  and  seventy-one:  Pro-  Proviso, 
vided,  Such  bribery  or  corrupt  practice  shall  be  proved  by  at 
least  two  witnesses. 

Chap.  225  referred  to  is  Chap.  275,  C.  L.,  1897. 

(353)  §  11454.     SEC.  8.     Any  person  who  shall,  directly  Attempt  to 
or  indirectly,  by  himself,  or  by  any  other  person  on  his  behalf, 

offer  or  promise  any  office,  place  or  employment  under  the 
government  of  the  United  States,  or  promise  to  procure,  or  to  offer  of 'office, 
endeavor  to  procure  any  such  office,  place  or  employment,  to  d< 
or  for  any  member  of  the  legislature,  or  to  or  for  any  other 
person,  in  order  to  induce  such  member  of  the  legislature  to 
vote  or  refrain  from  voting  for  any  person  for  the  office  of 
United  States  senator  from  this  State,  or  shall  corruptly  do 
any  such  act  as  aforesaid,  on  account  of  any  member  of  the 
legislature  having  voted  or  refrained  from  voting  as  afore- 
said, shall  be  deemed,  guilty  of  a  felony,  and  on  conviction  penalty, 
thereof  shall  be  punished  by  imprisonment  in  the  state  prison 
for  a  period  not  exceeding  five  years,  or  by  a  fine  not  exceed- 
ing one  thousand  dollars. 

(354)  §  11455.     SEC.  9.     It  shall  be  unlawful  for  any  per-  spirituous 
son  to  sell,  barter,  or  give  away  any  spirituous,  vinous  or 

malt  liquors,  on  the  day  of  any  election  held  within  this  State,  prohibited. 
under  the  constitution  or  laws  thereof;  and  it  shall  be  the 
duty  of  all  mayors  of  cities,  presidents  of  villages,  and  super- 
visors of  townships,  within  five  days  previous  to  the  days  of 
election  as  aforesaid,  to  issue  a  proclamation,  warning  the  in- 
habitants of  the  provisions  of  this  act,  and  that  all  violations 
of  the  same  will  subject  the  offender  to  prompt  and  speedy 
punishment,  and  requiring  sheriffs,  marshals,  constables,  and 
police  officers, to  close,  and  it  shall  be  the  duty  of  such  officers 
to  close  all  houses  or  places  found  violating  the  provisions 
of  this  act,  and  to  report  forthwith  all  violations  of  this  act, 
to  the  prosecuting  attorney  and  mayor,  president  or  super- 
visors aforesaid,  and  whose  duty  it  shall  be  to  immediately 
prosecute  such  violations  of  this  act.  Any  person  who  shall  y  for 
violate  any  of  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars,  nor 
more  than  one  hundred  dollars,  and  costs  of  prosecution,  and 
on  failure  to  pay  such  fine  and  costs,  shall  be  imprisoned  in 
the  county  jail  not  less  than  ten  days,  nor  more  than  ninety 
days,  or  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

(355)  §  11456.     SEC.  10.     It  shall  be  deemed  a  violation 

of  this  act  and  of  the  preceding  section  to  sell,  barter,  or  Ster 
give  away  spirituous,  vinous  or  malt  liquors  on  any  election  cl 
day  after  the  hour  at  which,  by  law,  the  polls  are  closed. 


118  STATE  OF  MICHIGAN. 


PROTECTION  OF  PRIMARIES  AND  CONVENTIONS. 

An  Act  to  protect  primary  elections  and  conventions  of  political  parties  and 
to  punish  offenses  committed  thereat. 

[Act  303  of  1887.] 

The  People  of  the  State  of  Michigan  enact: 

certain  (356)      §  11457.     SECTION  1.     If  at  any  political    primary 

demeanor"11 '"  election  held  by  any  political  party,  organization  or  associa- 
tion in  this  State,  any  person  shall  falsely  personate  and 
vote  under  the  name  of  any  other  person,  or  shall  intentionally 
vote  without  the  right  to  do  so  at  such  primary,  or  shall 
fraudulently  and  wrongfully  conceal  or  destroy  ballots  cast, 
or  in  any  manner  intentionally  and  wrongfully  deposit  ballots 
in  the  ballot  box,  or  take  them  therefrom,  or  shall  commit 
any  other  fraud  or  wrong,  tending  to  defeat  or  affect  the  re- 
sult of  the  election,  he  shall  be  deemed  guilty  of  a  misde- 
meanor. 

Oathofinspec-       (357)      §  11458.     SEC.  2.     The  presiding  officer  and  inspec- 
toradmmister!  tors  at  any  such  .election  shall,  before  entering  upon  their 
duties,  severally  sign  and  swear  to  an  oath  in  the  form  now 
required  of  inspectors  at  general  elections,  said  oath  to  be 
taken  before  the  clerk   of  the  township,   village   or   city  in 
which  such  election  is  held,  or  an  alderman  of  the  ward  in 
which  said  election  is  held,  or  any  notary  public,  or  any  other 
challenge  of     person  qualified  under  the  State  to  administer  an  oath.    The 
vote  or  ballot  of  any  person  offered  at  such  election  shall, 
upon  challenge  by  any  lawful  voter  thereat,  be  rejected,  unless 
Who  to  admin-  he  be  sworn  as  to  his  qualifications  as  such  voter;  and  the 
presiding  officer  or  any  inspector  of  such  primary  is  hereby 
empowered,  and  it  shall  be  his  duty,  to  administer  an  oath 
to  such  person  and  to  any  other  persons  offering  to  vote,  as 
he  may  deem  advisable,  to  the  effect  that  he  wrill  true  answers 
make  to  such  questions  as  shall  be  put  to  him  touching  his 
qualifications  as  a  voter  and  his  right  to  vote.    He  may  then 
when  vote  to   be  examined  as  to  such  qualifications  and  right  to  vote.     If 
be  received,      j^  gj^u  swear  to  the  necessary  qualifications  of  a  voter,  as 
prescribed  by  the  regulations  of  the  association  or  political 
organization    holding    the    primary    or    convention,    his   vote 
Penalty  for       shall  be  received.    If  the  person  so  sworn  and  examined  shall 
se  swearing,  intentionally  swear  falsely  as  to  his  qualifications  as  a  voter 
he  shall  be  deemed  guilty  of  perjury,  and  shall  on  conviction, 
be  punished  as  now  prescribed  by  law  for  the  crime  of  per- 
jury. 

Am.   1899,   Act   198. 

certain  acts  of  (358)  §  11459.  SEC.  3.  If  any  person  acting  as  inspec- 
SSfsfmfs-  tor,  teller  or  canvasser  at  any  such  pwmary  election  shall 
demeanor.  knowingly  receive  the  vote  of  any  individual  who  shall  have 


ELECTION  LAWS.  119 


been  challenged,  or  who  is  known  to  him  not  to  be  entitled 
by  the  regulations  of  the  association  holding  the  primary 
election  to  vote  at  such  primary,  unless  the  same  shall  be  first 
sworn  in  as  aforesaid,  or  shall  in  any  manner  fraudulently 
and  wrongfully  deposit  or  put  any  ballots  into,  or  take  any 
from  the  ballot  box  of  said  primary  election,  or  shall  fraudu- 
lently and  wrongfully  mix  any  ballots  with  those  cast  at  said 
primary  election,  or  shall  knowingly  make  any  false  count, 
canvass,  statement,  certificate  or  return  of  the  ballots  cast 
or  vote  taken  at  any  such  primary  election  he  shall  be  deemed 
guilty  of  a  misdemeanor. 

After  several  ineffectual  attempts  to  elect  a  temporary  chairman  of  a  nom- 
inating convention,  a  like  number  of  votes  being  cast  for  each  of  the  opposing 
candidates,  the  vote  of  one  of  the  delegates  was  challenged  on  the  ground 
that  the  vote  in  the  caucus  at  which  he  claimed  to  have  been  elected  was 
a  tie,  and  that  thereupon  the  matter  was  determined  between  the  contesting 
candidates  as  follows :  A  bystander  drew  from  his  pocket  a  handful  of 
coins,  and  the  candidates  made  their  choice  of  odd  or  even,  and  a  counting 
of  the  coins  resulted  in  favor  of  the  sitting  delegate.  The  chair  thereupon 
appointed  a  committee  on  credentials,  who  reported  that  the  sitting  delegate 
was  not  entitled  to  his  seat  in  the  convention.  And  it  is  held  that  the 
appointment  of  such  committee  was  proper  and  that  their  determination  is 
fully  sustained  by  authority. — Beck  v.  Election  Commissioners,  103/192. 

(359)  §  11460.     SEC.  4.     If  any  person  elected  a  delegate 

at  any  such  primary  or  convention  shall  accept  or  receive  any  demeanor. 
money  or  valuable  thing  as  a  consideration  for  his  vote  as 
such  delegate  he  shall  be  [deemed]  guilty  of  a  misdemeanor. 

(360)  §  11461.     SEC.  5.     The   words    "primary    election,'7  "Primary 
as  used  in  this  act,  shall  be  construed  so  as  to  embrace  all  cSrued. h° 
elections  held  by  any  political  party,   convention,  organiza- 
tion or  association,  or  delegates  therefrom,  for  the  purpose 

of  choosing  candidates  for  office  or  the  election  of  delegates 
to  other  conventions,  or  for  the  purpose  of  electing  officers 
of  any  political  party,  organization,  convention  or  associa- 
tion. 

(361)  §  11462.     SEC.  6.  .No  person  shall  be  entitled  to  who  may 
vote  at  any  primary  election  unless  of  the  age  of  twenty-one  v< 
years  and  a  duly  qualified  elector  of  the  State. 

(362)  §  11463.     SEC.  7.     The  punishment  of  any  of  the  Punishment 
offenses  in  this  act  declared  to  be  misdemeanors  shall  be  a  f ° 

fine  not  exceeding  one  thousand  dollars,  or  imprisonment  not 
exceeding  one  year,  or  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court. 

(363)  §  11464.     SEC.  8.     No  primary  election  shall  be  held  Primary  dec- 
in  a  saloon,  bar  room,  or  in  any  place  adjacent  to  a  room  or  held  in  saloon, 
place  where  intoxicating  liquors  are  sold.     Polling  places  at  e1 
primary  elections  may  be  so  arranged  that  the  ballots  may  be 
received  through  an  open  window,  but  where  the  polling  or 

ballot  box  is  inside  the  room  shall  be  sufficiently  large  to  admit 
a  reasonable  number  of  persons  in  addition  to  the  inspectors, 
clerks  and  challengers. 

(364)  §  11465.     SEC.  9.     Primary  elections  known  as  cau-  caucuses, 
cuses  for  the  nomination  of  candidates  for  local  offices  and  for 

the  appointment  of  delegates  to  conventions,  shall  be  made  to 


120 


STATE  OF  MICHIGAN. 


begin  at  two  o'clock  in  the  afternoon  and  to  continue  until 
Notice  of.        eight  o'clock  in  the  evening,  and  at  least  five  days'  notice 
thereof  shall  be  given  by  publication  in  one  or  more  daily 
newspapers  in  places  where  such  papers  are  published,  and 
in  other  cases  by  posting  up  notices  in  at  least  three  public 
places  in  the  precinct  for  which  the  primary  election  is  to  be 
held.     The  manner  of  voting  at  such  elections  shall  be  by 
Proviso.  ballot:     Provided,  That  so  much  of  this  section  as  relates  to 

the  hours  during  which  primary  elections  shall  be  held,  and 
the  manner  of  voting  thereat,  shall  be  applicable  only  in  cities 
having  twenty-five  thousand  inhabitants  and  over,  as  by  the 
last  preceding  federal  or  State  census. 


Delegates  to 
state  political 
convention, 
«tc.,  not  to 
give  a  proxy. 


Vacancies  in 
delegation, 
how  filled. 


Proviso  as  to 
filling  dele- 
gations. 


Soliciting  or 
promising  re- 
ward, etc.,  by 
member  of 
convention  a 
misdemeanor. 


PURITY  OF  CONVENTIONS. 

An  Act  to  provide  for  the  purity  of  political   conventions   and   to    provide 
against  corruption  therein. 

[Act  203  of  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(365)  §  11466.     SECTION  1.     That  no  delegate  elected  to 
any  city,  county,  congressional  or  State  political  convention 
shall  give  a  proxy  to  any  person  to  represent  him  at  such  con- 
vention, and  no  person  shall  receive  a  proxy  from  any  regu- 
larly elected  delegate  to  any  such  political  convention.     All 
vacancies  occurring  in  any  delegation  to  any  such  convention 
shall  be  filled  by  a  majority  vote  of  such  delegation;    if  in 
a    city    or    county    convention,    of  the    delegation    from    the 
ward  or  township;  if  in  a  congressional  or  State  convention, 
by  a  majority  vote  of  the  delegation  from  the  county :    Pro- 
vided, That  in  a  city  or  county  convention  the  delegation  shall 
not  be  permitted  to  fill  the  vacancy  which  may  occur  in  its 
number  by  any  person  not  a  resident  of  the  ward  or  township 
from  which  such  absent  delegate  was  chosen  and  represented 
by  such  delegation,  and  that  in  a  congressional  or  State  .con- 
vention such  delegation  shall  not  be  filled  by  any  person  not 
a  resident  of  the  county  from  which  such  absent  delegate  was 
chosen,  and  any  person  who  shall  violate  any  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

(366)  §  11467.     SEC.  2.     Any  delegate  or  member  of  any 
such  convention  who  shall  solicit  any  candidate  for  nomina- 
tion before  such  convention,  for  money,  reward,  position,  place 
or  preferment  for  his  support  in  such  convention,  or  any  can- 
didate or  other  person  who  shall  promise  any  such  delegate 
money,  reward,  position,  place  or  preferment  for  his  support, 
or  vote,  in  such  convention,  in  favor  of  any  candidate,  shall 
be  deemed  guilty  of  a  misdemeanor. 


ELECTION  LAWS.  121 


(367)  §  11468.     SEC.  3.     Any    candidate   or   person    who  other  misde- 
shall  pay  either  money  or  other  valuable  consideration,  or meanors- 
offer  to  pay  money  or  valuable  consideration,  or  the  expenses 

of  any  delegate  or  member  to  or  at  any  such  convention  that 
may  be  incurred,  as  an  inducement  or  for  the  purpose  of  se- 
curing the  vote  of  any  such  delegate  in  favor  of  or  against 
any  candidate  that  may  come  before  such  a  convention,  shall 
be  deemed  guilty  of  a  misdemeanor. 

(368)  §  11469.     SEC.  4.     Any  person  found  guilty  of  any  Penalty  for 
offense  defined  in  this  act  as  a  misdemeanor  shall,  upon  con- 
viction  thereof,  be  sentenced  to  pay  a  fine  of  not  less  than 
twenty -five  dollars  nor  more  than  five  hundred  dollars,  or  to 

be  confined  in  the  county  jail  not  less  than  ten  days  nor  more 
than  six  months,  or  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court  having  jurisdiction  thereof. 


DISTURBANCES. 

[Extract  from  R.   S.   1846,  Chap.  158.] 

(369)  §  11709.  SEC.  20.  If  any  person  shall  make  or 
excite  any  disturbance  or  contention  in  any  tavern,  store  or  ection 
grocery,  street,  lane,  alley  or  higlrway,  or  at  any  election,  or 
other  public  meeting  where  citizens  are  peaceably 'and  law- 
fully assembled,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  before  any  justice  of  the  peace,  or  police 
justice,  be  punished  by  fine  not  exceeding  twenty-five  dollars, 
or  imprisonment  in  the  county  jail  not  more  than  ninety  days, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court  or  magistrate. 

Ware  v.   Judge,   75  /  495. 


CLOSING  OF  SALOONS. 
[Extract   from  Act  313  of  1887.] 

(370)      §  5395.     SEC.  17.     All    saloons,    restaurants,  bars,  what  da 
in  taverns  or  elsewhere,  and'  all  other  places,   except  drug  et  ^s 
stores,  where  any  of  the  liquors  mentioned  in  this  act  are  dl 
sold,  or  kept  for"  sale,  either  at  wholesale  or  retail,  shall  be 
closed  on  the  first  day  of  the  week,  commonly  called  Sunday, 
on  all  elections  days,  on  all  legal  holidays,  and  until  seven 
o'clock  of  the  following  morning,  and  on  each  week  day  night 
16 


122 


STATE  OF  MICHIGAN. 


Officers  to 
close  all 
saloons,  etc. 
found  open. 


Proviso. 


Punishment 
for  violation. 


from  and  after  the  hour  of  nine  o'clock  until  seven  o'clock  of 
the  morning  of  the  succeeding  day.  And  it  shall  be  the  duty 
of  sheriffs,  marshals,  constables  and  police  officers  to  close 
all  saloons,  houses  or  places  that  shall  be  found  open  in  vio- 
lation of  the  provisions  of  this  section,  and  to  report  forth- 
with all  such  violations  to  the  prosecuting  attorney,  whose 
duty  it  shall  be  to  immediately  prosecute  for  such  violations. 
The  word  "closed"  in  this  section  shall  lie  construed  to  apply 
to  the  back  door  or  other  entrance  as  well  as  to  the  front 
door.  And  in  prosecutions  under  this  section  it  shall  not  be 
necessary  to  prove  that  any  liquor  was  sold:  Provided,  That 
in  all  cities  and  incorporated  villages  the  common  council  or 
board  of  trustees,  or  council  may,  by  ordinance,  allow  the 
saloons  and  other  places  where  said  liquors  shall  be  sold  to 
open  at  six  o'clock  in  the  forenoon  and  to  remain  open  not 
later  than  eleven  o'clock  in  the  afternoon  and  no  longer  of 
of  this  section  shall  be  deemed  guilty  of  a  breach  of  the  peace 
any  week  day  night,  except  on  election  days  and  holidays. 
Any  person  found  in  the  act  of  violating  any  of  the  provisions 
and  punished  accordingly;  and  the  arrest  therefor  may  be 
without  process,  and  this  punishment  shall  be  taken  to  be  in 
excess  of  all  other  manner  of  punishment  in  this  act  provided 
for  a  violation  of  the  provisions  of  this  section.  All  officers 
authorized  to  make  arrests  for  a  breach  of  the  peace  shall  have 
like  power  to  make  arrests  under  the  provisions  of  this  section 
as  in  other  cases  of  a  breach  of  the  peace. 

SHALL  BE  CLOSED  :  The  meaning  of  the  term  "closed"  is,  that  the  sales 
at  least  shall  be  entirely  stopped  and  the  traffic  shut  off  effectually,  so  that 
drinking  and  the  conveniences  for  drinking  shall  be  no  longer  accessible,  and 
those  who  frequent  saloons  for  that  purpose  shall  be  dispersed. — Kurtz  v. 
People,  33  /  281 .  The  person  who  engages  in  the  business  of  carrying  on  a 
saloon  must  at  his  peril  see  that  no  necessity  exists  for  keeping  the  same 
open,  by  carrying  on  any  other  business  therein,  which  would  require  the 
doors  to  be  open,  or  for  persons  to  enter  therein. — People  v.  Waldvogel, 
49  /  338  ;  People  v.  Blake,  52  /  568  ;  People  v.  Roby,  52  /  577  ;  People  v. 
Minter,  59  /  558.  A  saloon  cannot  be  opened  on  such  a  day  even  for  the  pur- 
pose of  cleaning  it. — People  v.  Waldvogel,  49  /  337  ;  People  v.  Roby,  52  /  577  ; 
People  v.  Higgins,  56  /  163.  And  if  any  outsider  has  access  for  any  purpose, 
for  no  matter  how  short  a  time,  the  law  is  violated. — People  v.  Higgins, 
56  /  159.  A  saloon  is  not  closed,  so  long  as  it  is  possible  for  persons  de- 
siring liquor  to  get  in  peaceably,  by  any  entrance,  or  so  long  as  any  customer 
who  is  inside  at  the  time  for  closing  remains  inside  ;  and  it  is  not  important 
that  there  is  no  one  attending  the  bar,  if  the  liquor  is  accessible. — People  v. 
Cummerford,  58  /  328. 

SALOON  :  Three  rooms  opened  into  one  another  and  the  tear  one  had  an 
outer  door.  A  bar  was  in  the  front  room  and  the  back  ones  were  used  for 
card  playing  and  drinking.  Between  the  front  and  back  rooms  was  a  hole 
in  the  wall.  Held,  that  the  saloon  included  the  three  ruuuis. — People  v. 
Higgins,  56  /  159.  See,  also,  People  v.  Scranton,  61  /  244.  If  a  saloon-keeper 
connects  his  living  rooms  with  his  saloon  proper  and  permits  the  free  pas- 
sage of  customers  back  and  forth,  sometimes  serving  liquors  in  his  living 
rooms,  the  whole  will  be  considered  a  saloon. — People  v.  Cox,  70/247; 
People  v.  Talbot,  120/486. 

SALE  NOT  NECESSARY:  The  purpose  of  the  statute  is  to  prevent  the 
sale  of  liquors  on  .holidays  in  any  place  of  resort  for  refreshments. — People 
v.  Hobson,  48  /  27.  The  object  is  not  merely  to  punish  the  sale,  but  to 
remove  the  danger  that  advantage  might  be  taken  of  the  saloon's  being  open 
to  sell  clandestinely  what,  on  other  days,  is  sold  openly. — People  v.  Beller, 
73  /  641.  Therefore  an  actual  sale  of  liquor  is  not  necessary  to  constitute  an 
opening  under  the  law. — People  v.  Cummerford,  58  /  328  ;  People  v.  Robbing, 
70  /  130  ;  People  v.  Cox.  70  /  247  ;  People  v.  Hughes,  86  /  184. 

BREACH  OF  THE  PEACE :  The  provision  allowing  officers  to  close,  on 
their  own  determination,  places  of  sale  and  to  arrest  parties  without  process 
as  for  a  breach  of  the  peace,  is  unconstitutional. — Robison  v.  Miner,  68  /  549  ; 
People  v.  Rohrer,  111  /  31. 


ELECTION  LAWS.  123 


CHAPTER  IX.— COUNTY  OFFICERS. 

ELECTION    AND    QUALIFICATION. 
COUNTY   TREASURER. 

(371)  §  2534.     SEC.  35.     The    county   treasurer   shall    be  county  treas- 
•elected  at  the  general  election  for  the  term  of  two  years,  and  IS? two?eis; 
shall  be  incapable  of  holding  the  office  of  county  treasurer  to  ^ve  bond- 
longer  than  four  in  any  period  of  six  years.    He  shall  give  a 

bond  for  the  faithful  and  proper  discharge  of  the  duties  of 
Ms  office,  as  hereinafter  directed. 

Rice  v.  Shay,  43/380. 

(372)  §  2537.     SEC.  38.     In  case  the  office  of  county  treas- office,  how 
urer  shall  become  vacant,  or  in  case  the  treasurer,  from  any  Ss?ofdvacan- 
cause,  shall  be  incapable  of  discharging  the  duties  of  his  office,  cy>  etc- 

the  board  of  supervisors  may,  if  in  their  opinion  the  interests 
of  the  county  require  it,  by  writing  under  their  hands,  select 
a  suitable  person  to  perform  the  duties  of  the  treasurer;  and 
such  person  so  selected,  upon  giving  such  bond  for  the  faithful 
performance  of  the  duties  of  the  office  as  the  said  board  shall 
direct,  may  perform  such  duties  until  such  vacancy  shall  be 
filled,  or  such  disability  be  removed. 

Hunt  v.  Buhrer,  133/115. 

(373)  §  2538.     SEC.  39.     No  person  holding  the  office  of  who  not  to  be 
prosecuting  attorney,  judge  of  a  county  court,  county  clerk, tr 
supervisor,  or  sheriff,  shall  hold  the  office  of  county  treasurer. 


JUDGE    OF    PROBATE. 

(374)  §  2549.     SEC.  51.    The  judge  of  probate  for  each  Judge  of  pro- 
organized  county  shall  be  elected  at  the  general  election,  for  elected  for 
the  terra  of  four  years,  and  shall  have  possession  of  the  seal, four  years- 
records,  books,  files,  and  papers  belonging  to  the  court  of 
probate,  and  shall  keep  a  record  of  all  orders,  decrees  and 

other  official  acts  made  or  done  by  him,  which  record  may  be 
inspected  by  all  persons  interested  without  charge. 

Election  to  fill  vacancy  in  office  of. — Secord  v.  Foutch,  44  /  89  ;  People  v. 
Palmer,  91  /  283. 

Probate  judges  are  in  no  sense  county  officers. — Douvielle  v.  Manistee  Super- 
visors, 40  /  585. 

COUNTY  CLERKS. 

(375)  §  2570.     SEC.  61.     The  county  clerk  in  each  organ- 
ized  county  shall  be  elected  at  the  general  election,  for  the  bond. 
term  of  two  years,  and  shall  give  a  bond  to  the  people  of  the 
State,  in  the  penal  sum  of  two  thousand  dollars,  to  be  ap- 
proved by  the  circuit  judge,  for  the  faithful  discharge  of  the 
duties  of  his  office. 


124 


STATE  OF  MICHIGAN. 


Clerk  to  trans- 
mit list  of  jus- 
tices to  secre- 
tary of  state. 


Also  of  town- 
ship and  city 
clerks  and 
supervisors. 


(376)  §  2575.  SEC.  66.  The  clerk  of  each  county  shall 
transmit  to  the  secretary  of  state  annually,  within  one  week 
after  the  fourth  day  of  July,  a  list,  certified  by  him,  of  all 
justices  of  the  peace  of  the  county,  stating  the  time  of  their 
respective  elections  and  their  terms  of  service,  their  postoffice 
addresses,  and  whether  elected  to  fill  a  vacancy,  and  if  so, 
what  vacancy;  and  whenever  the  county  clerk  shall  receive 
information  of  the  death,  removal,  or  resignation  of  any  jus- 
tice of  the  peace  of  his  county,  it  shall  be  his  duty,  forthwith, 
to  notify  the  secretary  of  state  of  such  vacancy ;  he  shall  also 
annually,  immediately  after  receiving  from  the  township  and 
city  clerks  of  his  county  the  names  and  postoffice  addresses 
of  the  township  and  city  officers,  transmit  to  the  secretary  of 
state  the  names  and  postoffice  addresses  of  the  several  town- 
ship and  city  clerks  and  supervisors,  with  the  name  of  the 
township  or  city  for  which  they  are  such  clerks  and  super- 
visors set  opposite  their  respective  names. 


SHERIFFS. 


(377) 


§  2577, 


SEC.  68.     The    sheriff    of  each  organized 


When  sheriff 

Sfoffice;biSd.  county  shall  be  elected  at  the  general  election,  for  the  term 
of  two  years,  and  shall  give  bond  to  the  people  of  this  State 
in  the  penal  sum  of  ten  thousand  dollars,  and  with  such  suffi- 
cient sureties,  not  less  than  three  in  number,  as  the  judge 
of  the  circuit  court,  or  the  county  judge  shall  approve. 

People  v.   Mayworm,   5  /  146  ;    Lamoreaux   v.   Att'y   Gen.,   89  /  147. 


Two  coroners 
to  be  elected 
in  each 
county. 


CORONERS. 

(378)  §  2607.  SEC.  86.  Two  coroners  shall  be  elected  for 
each  of  the  organized  counties  of  this  State,  at  the  general 
election,  for  the  term  of  two  years,  who  shall  give  bond  to 
the  people  of  this  State,  in  such  penal  sum,  and  with  such 
sufficient  sureties  as  the  judge  of  the  circuit  court  or  the 
county  judge,  shall  direct  and  approve,  the  condition  of  which 
bond  shall  be  in  substance  the  same  as  that  to  be  given  by 
the  sheriff,  varying  only  in  the  description  of  the  office. 

People  v.   Cicott,   16/283. 


REGISTER   OF   DEEDS. 

Election  of  (379)      §  2610.     SEC.  89.     The  register  of  deeds  for  each 

organized  county  shall  be  elected  at  the  general  election,  for 
the  term  of  two  years,  and  shall  give  bond  to  the  people  of 
this  State  in  the  penal  sum  of  three  thousand  dollars,  with 
two  sureties  to  be  approved  by  the  county  treasurer,  the  con- 
dition of  which  shall  be,  that  he  shall  faithfully  and  impar- 
tially discharge  the  duties  of  his  office. 


ELECTION  LAWS.  125 


(380)  §  2614.     SEC.  93.     If,  during  a  vacancy  in  the  office  when  judge  to 
of  the  register  of  deeds,  or  his  absence  or  inability  to  perform  fo  performrs°n 
the  duties  of  his  office,  there  shall  be  no  deputy  register,  or  if  ^eutisetse£f 
such  deputy  be  unable  from  any  cause  to  perform  the  said  re 
duties,  the  judge  of  probate  of  the  county  may,  by  writing 

under  his  hand,  appoint  some  suitable  person  to  perform  the 
duties  of  register  of  deeds  for  the  time  being,  who  shall  take 
an  oath  of  office,  and  give  such  bond  as  the  said  judge  shall 
direct  and  approve. 

See  section  409. 

COUNTY    SURVEYOR. 

(381)  §  2617.     SEC.  95.     The  county   surveyors  for  each  Election  of. 
organized  county  shall  be  elected  at  the  general  election,  for 

the  term  of  two  years,  and  shall  give  bond  to  the  people  of 
this  State,  in  the  penal  sum  of  two  thousand  dollars,  with 
two  sureties  to  be  approved  by  the  county  treasurer,  condi- 
tioned for  the  faithful  and  impartial  discharge  of  the  duties 
of  his  office. 


FILING  OATHS  AND  BONDS  BY  COUNTY  OFFICERS. 

(382)  §  2641.,  SEC.  118.     Each  of  the  officers  named  in  certain  offi- 
this   chapter,   except  notaries  public  and  prosecuting  attor-  oSh^et?^6 
neys,  shall,  before  entering  upon  the  duties  of  his  office,  and 
within  twenty  days  after  receiving  official  notice  of  his  elec- 
tion, or  within  twenty  days  after  the  commencement  of  the 

term  for  which  he  was  elected,  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution  of  this  State,  before  some 
officer  authorized  by  law  to  administer  oaths,  and  deposit  the 
same  with  the  clerk  of  the  proper  county,  who  shall  file  and 
preserve  the  same  in  his  office. 

FORM  OF  OATH:      See  section  50. 

(383)  §  2642.     SEC.  119.     Each    of    the    said    officers    of  official  bonds 
whom  a  bond  shall  be  required  by  law,  except  the  said  treas-  depositedbwith 
urer,  before  entering  upon  the  duties  of  his  office,  and  within  ^e^7  treas" 
the  time  limited  in  the  last  preceding  section  for  depositing 

his  oath,  shall  deposit  his  bond  with  the  said  treasurer,  who 
shall  file  and  preserve  the  same  in  his  office;  and  the  said 
treasurer;  before  entering  upon  the  duties  of  his  office,  and 
within  the  time  limited  in  the  preceding  sections  for  deposit- 
ing his  oath,  shall  deposit  his  bond  with  the  clerk  of  the 
county,  who  shall  file  and  preserve  the  same  in  his  office. 

Detroit  v.  Weber,  26  /  284 :  People  v.  Johr,  22  /  461.  An  officer  who  is 
himself  a  surety  on  the  bond  cannot  approve  it. — Stevenson  v.  Bay  City, 
26  /  44  ;  Gallery  v.  Bank,  41  /  172. 

(384)  §  2645.     SEC.  122.     Whenever    the    governor    shall    £^f° of 
appoint  a  prosecuting  attorney,  the  secretary  of  state  shall 
transmit  his  commission  to  the  clerk  of  the  county  for  which 


126  STATE  OF  MICHIGAN. 


such  prosecuting  attorney  was    appointed,   and   the   county 
clerk  to  give     clerk,  on  receiving  such  commission,  shall  immediately  give 

notice  thereof  to  the  person  so  appointed. 

Person  (385)      §  2646.     SEC.  123.     The  person  so  appointed  shall, 

take'oatl? t(     before   entering   upon    the   duties    of   his   office,   and    within 
before  clerk,     twenty  days  after  receiving  notice  of  his  appointment,  appear 
before  the  county  clerk,  and  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution,  and  file  the  same  with 
the  clerk,  who  shall  thereupon  deliver  to  the  person  so  ap- 
pointed the  commission  received  by  him  for  such  person,  and 
shall  thereupon  give  notice  to  the  secretary  of  state  of  the 
filing  of  such  oath,  and  of  the  time  of  filing  the  same. 
Term,  when  to       (386)      §  2647.     SEC.  124.     The  regular  terms  of  office  of 
lce>       the  several  county  officers  elected  at  the  general  election  shall 
commence  on  the  first  day  of  January  succeeding  their  elec- 
tion, but  those  elected  at  the  general  election,  or  at  a  special 
election,  to  fill  vacancies,  may  qualify  and  enter  upon  the 
execution  of  their  offices  immediately  after  being  notified  of 
their  election. 

See  section  54. 


CIRCUIT    COURT    COMMISSIONERS. 

An  Act   relative  to   circuit   court   commissioners,   their   election,   powers, 

and  duties. 

[Extract  from  Act  204  of  1881.] 

The  People  of  the  State  of  Michigan  enact: 

Election  (387)  §  1064.  SECTION  1.  That  there  shall  be  elected  at 

.the  next  general  election  to  be  held  in  this  State,  and  every 
two  years  thereafter,  one  circuit  court  commissioner  in  each 
of  the  organized  counties,  who  shall  enter  upon  the  discharge 
of  their  official  duties  on  the  first  day  of  January  succeeding 
their  election,  and  shall  hold  their  offices  two  years,  and  be 
vested  with  judicial  powers  not  exceeding  those  of  a  judge 

Proviso.  of  the  circuit  court  at  chambers:  Provided,  That  in  each 
county  in  this  State  wherein  any  census  taken  by  the  author- 
ity of  this  State,  or  of  the  United  States,  shall  show  a  popula- 
tion of  twenty  thousand  or  more,  there  shall  be  elected  at  the 
general  election  next  succeeding  the  taking  of  such  census, 
and  every  two  years  thereafter,  two  such  circuit  court  com- 
missioners. 

county  can-          (388)    §  1065.     SEC.  2.    Whenever,  in  any  county,  two  cir- 

SSteSwhichS  cuit  court  commissioners  shall  have  been  elected,  it  shall  be 
the  duty  °^  the  board  of  county  canvassers  to  designate  which 
of  the  persons  so  elected  shall  succeed  to  the  office  thereto- 
fore held  by  each  circuit  court  commissioner :  Provided,  That 
if  in  any  case  the  said  board  of  county  canvassers  shall 
neglect  or  refuse  to  make  such  designation  it  may  be  made 


ELECTION  LAWS.  127 


by  the  circuit  judge  of  the  judicial  circuit  of  which  such 
county  constitutes  the  whole  or  a  part. 

(389)  §  1066.     SEC.  3.     No  person  shall  be  elected  a  cir-  Must  be 
cuit  court  commissioner  unless  he  be  at  the  time  an  attorney  attorney- 
and  counselor  at  law  of  the  supreme  court. 

(390)  §  1067.     SEC.  4.    Every  circuit  court  commissioner,  oath  of  office, 
before  he  shall  enter  upon  the  duties  of  his  office,  shall  take 

and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of  this  State,  before  some  judge  or^  clerk  of  a  court  of  record, 
and  cause  the  same  to  be  filed  by  him  in  the  office  of  the 
county  clerk  of  his  county. 

(391)  §  1080.     SEC.  17.    Each  circuit  court  commissioner,  Bond, 
before  entering  on  the  performance  of  the  duties  by  this  act 
prescribed,  shall  execute  a  bond  to  the  people  of  this  State, 
with  sufficient  surety  or  sureties  to  be  approved  by  the  cir- 
cuit judge  or  clerk  of  his  county,  conditioned  for  the  faithful 
performance  of  the  duties  required  of  him -by  this  act,  in  the 
penal  sum  of  not  less  than  three  thousand  nor  more  than 
five  thousand  dollars,  in  the  discretion  of  the  circuit  judge 

or  county  clerk  by  whom  the  same  may  be  approved;  said 
bond,  when  approved,  shall  be  filed  with  the  county  clerk  of 
the  proper  county. 

(392)  §  1090.     SEC.  27.     Whenever  a  vacancy  shall  occur,  vacancy,  how 
for  any  cause,  in  the  office  of  circuit  court  commissioner  of  ffl 

any  county,  the  governor  may  fill  such  vacancy  by  the  ap- 
pointment of  a  person  eligible  to  such  office,  who  shall,  upon 
taking  the  official  oath  and  executing  and  filing  the  bond,  as 
provided  in  section  seventeen  of  this  act,  be  authorized  and 
required  to  discharge  all  the  duties  of  circuit  court  commis- 
sioner, and  shall  be  liable  to  all  the  provisions  of  law  touch- 
ing said  office,  and  shall  hold  the  t  same  until  his  successor 
shall  be  duly  elected  and  qualified. ' 


COUNTY    COMMISSIONER    OF    SCHOOLS. 
[Extract  from  Act.  147   of  1891.] 

(393)      §  4809.     SEC.  2.     There  shall  be  elected  at  the  elec-  commissioner 
tion  held  on  the    first    Monday  in    April,  nineteen  hundred  whenhe?ected, 
three,  and  every  fourth  year  thereafter,  in  each  county,  one  term« etc- 
commissioner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of    July,  next  following   his  or  her  election, 
and  who  shall  continue  in  office  four  years,  or  until  his  or  her 
successor  shall  be  elected  and  qualified.    The  county  commis-  TO  me  oath 
sioner  of  schools  elected  under  the  provisions  of  this  section  ai 
shall  file  with  the  county  clerk,  for  the  county  for  which  he 
or  she  is  elected,  his  or  her  oath  of  office  and  bond,  the  same 
as  provided  in  section  one  of  this  act,  and  the  county  clerk 
shall  make  the  same  report  to  the  superintendent  of  public 
instruction  in  all  respects  as  provided  in  section  one  of  this 


128 


STATE  OF  MICHIGAN. 


Proviso,  as 
to  Chippewa 
county. 


Eligibility  to 
office  of. 


Proviso  as  to 
certain  coun- 
ties. 


Of  vacancies. 


act:  Provided,  That  in  the  county  of  Chippewa  the  commis- 
sioner of  schools  heretofore  elected  on  the  first  Monday  in 
April,  nineteen  hundred  three,  shall  hold  office  until  the  first 
day  of  January,  nineteen  hundred  nine,  or  until  his  successor 
shall  be  elected  and  qualified.  Hereafter,  in  the  said  county 
of  Chippewa,  a  commissioner  of  schools  shall  be  elected  at  the 
general  election  to  be  held  in  November,  nineteen  hundred 
eight,  and  every  fourth  year  thereafter,  whose  term  of  office 
shall  commence  on  the  first  day  of  January  next  following 
his  or  her  election. 

Am.  1901,  Act  35  ;  1905,  Act  169. 

(394)  §  4810.     SEC.  '3.    Persons  eligible  to  hold  the  office 
of  commissioner  of  schools  must  possess,  besides  an  experi- 
ence of  twelve  months  as  teacher  in  the  public  schools  of  the 
State,  one  of  the  following  qualifications:     Must  be  a  gradu- 
ate of  the  literary  department  of  some  reputable  college,  uni- 
versity or  State  normal  school,  having  a  course  of  at  least 
three  years,  or  hold  a  State  teacher's  certificate,  or  be  the 
holder  of  a  first  grade  certificate,  but  said  first  grade  certifi- 
cate shall  only  qualify  the  holder  thereof  to  hold  the  office  of 
commissioner    in    the    county    where    such    certificate    was 
granted:     Provided,  That  persons  who  have  held  the  office 
of  commissioner  of  schools  under  the  provisions  of  act  num- 
ber one  hundred  forty-seven,  public  acts  of  eighteen  hundred 
ninety-one,   shall  be  eligible.     In   counties  having  less  than 
fifty  districts  subject  to  the  supervision  of  the  county  com- 
missioner, a  person  holding  at  the  time  of  his  or  her  election 
a  second  grade  certificate  shall  be  eligible. 

QUALIFICATIONS  OF  COMMISSIONER :  A  high  school  is  not  a  college 
within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  public  examinations  provided  for  by  law,  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examination 
after  election  as  commissioner,  does  not  qualify. — People  v.  Howlett,  94  /  165. 
The  legislative  intent  is  to  keep  up  the  standard  of  teachers  by  requiring  cer- 
tain educational  qualifications  in  the  persons  whose  duty  it  is  to  examine  the 
teachers  and  determine  their  fitness  for  their  work. — People  v.  Howlett, 
94  /  169. 

(395)  §  4819.     SBC.  12.     Whenever  by  death,  resignation, 
removal  from  office  or  otherwise  a  vacancy  shall  occur  in  the 
office  of  the  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  chairman  of  the  township  board  of 
school  inspectors  of  each  township  in  the  county,  who  shall 
meet  at  the  office  of  the  county  clerk  on  a  date  to  be  named 
in  said    [notices]    notice  not  more  than  ten  days  from  the 
date  of  the  notice,  and  appoint  a  suitable  person  to  fill  the 
vacancy  for  the  unexpired  portion  of  the  term  of  office. 


ELECTION  LAWS.  129 


DRAIN   COMMISSIONERS. 
[Extract  from  Act  254  of  1897,  Chap.  II.] 

(396)  §  4310.     SECTION  1.     The    board  of   supervisors  of  Appointment 
each  organized  county  in  this   State  shall,  at  their  annual  taSncom- 
meeting  in  the  year  eighteen  hundred  and  ninety-seven  and  missioner. 
every  second  year  thereafter,  appoint  one  county  drain  com- 
missioner, whose  term  of  office  shall  be  two  years,  and  shall  Term  of  office, 
begin  on  the  first  day  of  January  following  his  appointment. 

All  county  drain  commissioners  holding  office  at  the  time 
that  this  act  takes  effect  shall  continue  in  office  until  the 
first  day  of  January,  eighteen  hundred  and  ninety-eight.  In  vacancy,  how 
case  of  vacancy  in  the  office  of  the  county  drain  commissioner 
occurring  thirty  days  or  more  previous  to  a  regular  or  special 
meeting  of  the  board  of  supervisors  the  same  may  be  filled 
within  ten  days,  or  as  soon  thereafter  as  practicable,  by  ap- 
pointment by  a  majority  vote  of  the  county  clerk,  prosecuting 
attorney  and  judge  of  probate  of  the  county  and  of  which 
election  they  shall  file  the  certificate  with  the  county  clerk, 
and  the  person  so  appointed  shall  hold  his  office  until  the  next 
regular  or  special  meeting  of  the  board  of  supervisors,  when 
the  said  board  shall  fill  such  vacancy.  Every  county  drain  TO  take  and 
commissioner  shall  within  ten  days  after  his  appointment,  andSmebDond. 
take,  subscribe  and  fil^e  with  the  county  clerk  the  oath  of 
office  required  by  the  constitution  of  this  State  and  shall  also 
within  the  same  time  execute  and  file  with  such  clerk  a  bond 
to  the  county  in  the  penal  sum  of  ten  thousand  dollars  with 
two  or  more  sufficient  sureties  to  be  approved  by  such  clerk, 
conditioned  upon  the  faithful  discharge  of  the  duties  of  his 
office.  It  shall  be  the  duty  of  the  county  clerk,  upon  the  ap- 
pointment  of  any  county  drain  commissioner  to  make  report  state. 
thereof  to  the  secretary  of  state,  giving  also  the  date  he 
qualified  and  entered  upon  the  discharge  of  his  duties. 

Am.   1809,   Act  272. 

COUNTY    DRAIN    COMMISSIONER:      Eligibility    of. — Kinyon    v.    Duchene, 
21  /  498.     See  section  following. 

(397)  §  43.17.     SEC.  8.    No  person  holding  the  office    of  who  eii 
supervisor,  highway  commissioner  or  township  clerk  shall  be 
eligible  to  the  office  of  county  drain  commissioner,  and  any 
county  drain  commissioner  accepting  the  office  of  supervisor, 
highway  commissioner  or  township  clerk  shall  thereupon  be 
considered  as  having  vacated  the  office  of  county  drain  com- 
missioner. 

17 


130 


STATE  OF  MICHIGAN. 


Bonds  of 


APPROVAL  OF  BONDS. 

An  Act  to  provide  for  the  approval  of  the  official  bonds   of  county   officers 
by  the  board  of  supervisors. 

[Act  27  of  1873.] 

The  People  of  the  State  of  Michigan  enact: 

(398)  §  2648.  SECTION  1.  All  official  bonds  of  county 
officers  which  are  now  required  by  law  to  be  approved  by  the 
Judge  of  tne  circuit  court,  shall  hereafter  be  approved  by  the 
board  of  supervisors  of  the  county  in  which  said  officers  are 
elected  :  Provided,  however,  That  if  the  board  of  supervisors 
in  any  case  shall  not  have  approved  of  such  bonds  or  the  suffi- 
ciency of  the  sureties  thereto,  before  any  such  officer  shall 
enter  upon  the  duties  of  his  office,  the  circuit  judge  of  the 
circuit  to  which  such  county  may  be  attached,  or  the  judge 
of  probate  of  such  county  may,  on  application  of  the  officer 
so  elected,  approve  -of  the  bond  and  sureties  thereto,  on 
being  satisfied  of  the  pecuniary  responsibility  .of  the  sureties 
to  meet  the  exigencies  of  said  bond,  subject,  however,  to  the 
approval  of  the  board  of  supervisors  at  their  first  meeting 

Proviso—        thereafter:     Provided,  That  this  act  shall  not  be  in  force  or 

excised0111  'y  operation  in  Wayne  county. 

Section    2    repeals    "all    acts   or    parts   of   acts    contravening   the*   provisions 
of  this  act."  —  Bay  Co.   v.  Brock,  44  /  49.     See  also  sections  382-3. 


superors! 
Proviso. 


CHAPTER  X. 


Resignations, 


RESIGNATIONS,  VACANCIES  AND  RE- 
MOVALS FROM  OFFICE. 

RESIGNATIONS. 
[Extract  from  Ch.  15,  R.   S.  of  1846.] 


(399)     §  1153.     SECTION  1.     Resignations  shall  be  made  as 

follows: 

1.  By  the  governor,  lieutenant  governor,  and  all  officers 
elected  by  joint  vote  of  the  senate  and  house  of  representa- 
tives: to  the  legislature; 

2.  By  officers  appointed  by  the  governor  alone,  or  by  the 
governor  by  and  with  the  advice  and  consent  of  the  senate, 
or  both  branches  of  the  legislature:  to  the  governor; 

3.  By  senators  and  representatives,  to  the  presiding  offi- 
cers of  their  respective  houses,  who  shall  immediately  trans- 
mit the  same  to  the  governor; 

4.  By  all  other  officers  who  hold  their  offices  by  election, 
except  officers  elected  at  township  meetings;   to  the   officer 
or  officers  respectively  authorized  by  law  to  order  a  special 


ELECTION  LAWS.  131 

election  to  fill  such  offices  respectively; 

5.  By  all  other  officers  holding  their  offices  by  appoint- 
ment, and  not  by  election:  to  the  body,  board,  or  officer  that 
appointed  them.  ' 

Sherman  v.  Supervisors,  84  /  111.  When  a  resignation  will  be  presumed. — 
Bird  v.  Perkins,  33/30. 

(400)  §  1154.     SEC.  2.     It  shall  be  the  duty  of  all  officers,  Duties  of  cm- 
bodies,  or  boards  to  whom  the  resignation  of  any  office  con- 
templated  in  the  last  preceding  section,  is  authorized  to  be 

made,  or  who  are  authorized  to  fill  any  vacancy  in  any  of 
said  offices,  or  to  order  a  special  election  therefor,  when  duly 
informed  of  the  existence  of  such  vacancy,  to  cause  to  be  filed 
in  the  office  of  the  secretary  of  state  a  statement  of  the  occur- 
rence, with  the  date  and  cause  of  such  vacancy. 

Secord  v.  Foutch,  44  /  92. 
See  section  402. 

VACANCIES. 

(401)  §  1155.     SEC.  3.    Every  office  shall  become  vacant,  what  events 
on  the  happening  of  either  of  the  following  events,  before  the  Jancy.ate 
expiration  of  the  term  of  such  office: 

1.  The  death  of  the  incumbent; 

2.  His  resignation; 

3.  His  removal  from  office; 

4.  His  ceasing  to  be  an  inhabitant  of  this  State;  or,  if 
the  office  be  local,  of  the  district,  county,  township,  city  or 
village,  for  which  he  shall  have  been  elected  or  appointed, 
or  within  which  the  duties  of  his  office  are  required  to  be  dis- 
charged ; 

5.  His    conviction    of    any    infamous    crime,    or    of    any 
offense  involving  a  violation  of  his  oath  of  office; 

6.  The  decision,  of  a  competent  tribunal,  declaring  void 
his  election  or  appointment;  or, 

7.  His  refusal  or  neglect  to  take  his  oath  of  office,  or 
to  give  or  renew  any  official  bond,  or  to  deposit  such  oath  or 
bond  in  the  manner  and  within  the  time  prescribed  by  law: 
Provided,  That  the  supervisor  of  any  township,  in  which  the  Proviso 
office  of  a  township  treasurer  or  justice  of  the  peace  may  be- 
come vacated  by  operation  of  this  act,  shall  immediately  trans- 
mit to  the  county  clerk  of  the  county  in  which  such  township 
treasurer  or  justice  of  the  peace  resides,  a  notice  in  writing, 
officially  signed  by  him,  informing  the  county  clerk  that  the 
office  of  such  township  treasurer  or  justice  of  the  peace  is 
vacated. 

SUBDIVISION  7 :  A  party,  however  well  entitled  to  an  office,  loses  his 
right  unless  he  files  his  oath  and  bonds. — Wayne  Auditors  v.  Benoit,  20  /  181 ; 
Paw  Paw  v.  Eggleston,  25  /  36.  But  the  directions  as  to  time  are  not  appli- 
cable to  a  person  to  whom  the  election  board  refuses  a  certificate,  but  can 
apply  only  to  the  person  declared  elected. — People  v.  Mayworm,  5  / 146 ; 
Wayne  Auditors  v.  Benoit,  20  /  181.  One  who  has  been  elected  to  the  office 
of  justice  of  the  peace  and  has  entered  upon  the  duties  thereof,  is  an  officer 
de  facto,  notwithstanding  his  failure  to  file  his  oath  of  office,  and  bond  within 
the  time  prescribed  by  law. — People  v.  Payment,  109  /  553. 


132 


STATE  OF  MICHIGAN. 


ACCEPTING  INCOMPATIBLE  OFFICE  :  The  rule  is  well  settled  that  he 
who,  while  occupying  one  office  accepts  another  incompatible  with  the  first, 
ipso  facto  vacates  the  first  office. — Northway  v.  Sheridan,  111/18. 


How  vacancies 
in  certain  of- 
fices filled. 


Notice  of  va- 
cancy, where 
filed. 


An  Act  in  relation  to  vacancies  in  certain  State  and  county  offices. 
[Act  190  of  1879.] 

(402)  §  1156.  SECTION  1.  That  in  case  a  vacancy  shall 
occur  in  any  public  office,  which  vacancy  may  be  filled  by  ap- 
pointment by  the  governor  or  otherwise,  notice  of  such  va- 
cancy and  of  the  facts  why  the  same  exists  shall  within  ten 
days  after  such  vacancy  shall  occur,  be  given  in  writing  to 
the  officer,  board  or  body,  having  power  to  fill  such  vacancy 
by  appointment.  Such  notice  shall  be  given  as  follows:  If 
such  vacancy  shall  be  in  any  county  office,  excepting  county 
clerk,  by  the  clerk  of  the  county  wherein  the  same  shall  occur ; 
if  in  the  office  of  the  circuit  judge  or  judges  or  recorders  of 
said  city  courts,  by  the  clerk  of  the  county  wherein  such  offi- 
cer may  reside  at  the  time  the  vacancy  shall  occur;  if  in  the 
office  of  county  clerk  of  any  county,  by  the  judge  of  probate 
of  the  same  county;  if  in  the  office  of  secretary  of  state,  by 
the  state  treasurer,  and  in  all  other  cases  by  the  secretary 
of  state;  in  all  cases  where  a  vacancy  may  occur  in  an  office 
the  salary  of  the  incumbent  of  which  shall  be  paid  in  whole 
or  part  from  the  State  treasury,  the  officer,  board  or  body 
having  the  appointing  power  shall  immediately  after  receiv- 
ing notice  of  such  vacancy  notify  the  auditor  general  of  such 
vacancy. 

See  section  400. 


Certain  officers 
may  be  re- 
moved for 
misconduct. 


REMOVALS   FROM   OFFICE. 
[Extract  from  Ch.   15,  R.   S.  of  1846.] 

(403)  §  1157.  SEC.  4.  The  secretary  of  state,  auditor 
general,  and  all  State  and  county  officers,  except  the  state 
treasurer,  and  judges  of  the  supreme  and  circuit  courts,  who 
are,  or  shall  be  appointed  by  the  governor  alone,  or  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  or 
of  both  branches  of  the  legislature,  or  by  the  legislature  with- 
out the  concurrence  of  the  governor,  may,  for  official  miscon- 
duct, or  habitual  or  wilful  neglect  of  duty,  at  any  time  dur- 
ing the  recess  of  the  legislature,  be  removed,  and  the  vacancy 
supplied  during  such  recess,  by  the  governor. 

NO    REMOVAL    WITHOUT    CAUSE:      Officers   cannot   be    removed    without 
cause. — People    v.    Lord,    9  /  227  ;    People    v.    TUerrien,    80  /  187.      Our    state 


ELECTION  LAWS.  133 


system  favors  appointments  for  fixed  periods  and  almost  entirely  rejects  the 
policy  of  removals  at  will. — Mead  v.  Ingham  Co.  Treasurer,  36  /  416.  This 
law  contains  no  provision  of  removal  applicable  to  county  superintendents  of 
the  poor. — Id.  418. 

(404)  §  1158.     SEC.  5.     All  officers  who  are,  or  shall  be  Persons  ap- 
appointed  by  the  governor  to  fill  a  vacancy  which  shall  have 
existed  during  the  reces.s  of  the  legislature,  may  be  removed 

by  the  governor. 

(405)  §  1159.     SEC.  6.     The    governor    may    remove    all  Governor  may 
county  officers  chosen  by  the  electors  of  any  county  or  ap-  fo^rtain06 
pointed  by  him,  and  shall  also  remove  all  justices  of  the  peace  reasons- 
and  township  officers  chosen  by  the  electors  of  any  township, 

or  city  or  village  officers  chosen  by  the  electors  of  any  city  or 
village,  when  he  shall  be  satisfied  from  sufficient  evidence  sub- 
mitted to  him,  as  hereinafter  provided,  that  such  officer  is 
incompetent  to  execute  properly  the  duties  of  his  office,  or 
has  been  guilty  of  official  misconduct,  or  of  wilful  neglect 
of   duty,   or  of  extortion,   or  habitual   drunkenness,   or   has 
been  convicted  of  being  drunk,  or  whenever  it  shall  appear  by 
a  certified  copy  of  the  judgment  of  a  court  of  record  of  this 
State  that  such  officer  after  his  election  or  appointment  shall 
have  been  convicted  of  a  felony ;  but  the  governor  shall  take  no  when  may 
action  upon  any  such  charges  made  to  him  against  any  such  m 
officer  until  the  same  shall  have  been  exhibited  to  him  in  writ- 
ing, verified  by  the  affidavit  of  the  party  making  them,  that  he 
believes  the  charges  to  be  true,  with  a  statement  of  the  prose- 
cuting attorney  of* the  county,  that  in  his  opinion  the  case 
demands  investigation.     But  no  such  officer  shall  be  removed  officer  to  be 
for  such  misconduct  or  neglect  unless  charges  thereof  shall  En!ty°topbe~ 
have  been  exhibited  to  the  governor,  as  above  provided,  and  a  heard- 
copy  of  the  same  served  on  such  officer,  and  an  opportunity 
given  him  of  being  heard  in  his  defense. 

Miner    v.    Supervisors,    49  /  602 ;    Clay    v.    Stuart,    74  /  411  ;    Att'y    Gen.    v. 
Detroit  Com.   Council,   112/169. 

(406)  §  1165.    SEC.  12.   The  iudge  of  the  circuit  court  and  when  and  by 

J  ,    °,    ,  . .  whom  county 

the  circuit  court  commissioner  shall  have  authority,  in  term  clerks  may  be 

or  vacation,  to  remove  the  county  clerk  when  in  their  opinion  re 

he  is  incompetent  to  execute  properly  the  duties  of  his  office, 

or  when,  on  charges  and  evidence,  they  shall  be  satisfied  that 

he  has  been  guilty  of  official  misconduct,  or  habitual  or  wilful 

neglect  of  duty,  if  in  their  opinion  such  misconduct  or  neglect 

shall  be  a  sufficient  cause  for  such  removal ;  but  no  such  clerk 

shall    be  removed    for  such    misconduct    or   neglect,  unless 

charges  thereof  shall  have  been  preferred  to  said  judge  or 

commissioner,  and  notice  of  the  hearing  with  a  copy  of  the 

charges  delivered  to  such  clerk,  and  a  full  opportunity  given 

him  to  be  heard  in  his  defense.     All  expense  on  the  part  of 

the  prosecution  for  examination  of  charges,  provided  for  in 

the  preceding  section  of  this  act,  shall  be  paid  by  the  counties 

in  wrhich  the  officer  to  be  examined  holds  his  office. 


134 


STATE  OF  MICHIGAN. 


Whengov-  (407)     §  1166.     SEC.  13.     The    office     of    state    treasurer, 

§arer certain6"  commissioner  of  the  land  office,  or  of  any  other  collector  or 
offices  vacant,  receiver  of  public  moneys,  appointed  by  the  legislature,  by 
the  governor  alone,  or  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate,  or  of  both  branches  of  the  legisla- 
ture, except  those  officers  for  whose  removal  provision  is  other- 
wise made  by  law,  may  be  declared  vacant  by  the  governor, 
in  case  it  shall  appear  to  him  on  sufficient  proofs,  that  such 
treasurer,  commissioner  or  other  officer,  has  in  any  particular 
wilfully  violated  his  duty. 


An  Act  to  subject  all  persons  holding  office  under  the  government  of  the 
State  of  Michigan  to  removal  from  office  for  drunkenness. 

[Act    79    of    1871.] 

The  People  of  the  State  of  Michigan  enact: 

Drunkenness  (408)  §  1167.  SECTION  1.  That  the  drunkenness  of  any 
movaHront  person  holding  office  under  the  constitution  or  laws  of  this 
office.  State  shall  be  good  cause  for  removal  from  office  by  the 

authority  and  in  the  manner  provided  by  law. 


When  circuit 
judge  may  ap- 
point person  to 
execute  duties 
of  county  clerk 
and  prosecu- 
ting attorney. 


How  other 
county  offices 
may  be  filled 
for  the  time 
being. 


SUPPLYING   VACANCIES. 
[Extract  from  Ch.   15,  R.  S.  of  1846.] 

(409)  §  1169.  SEC.  15.  When  at  any  time  there  shall 
be  in  either  of  the  offices  of  county  clerk  or  prosecuting  at- 
torney, no  officer  duly  authorized  to  execute  the  duties  thereof, 
the  judge  of  the  circuit  court  of  the  Circuit  in  which  the 
county  where  suck  vacancy  exists,  shall  be  situated,  may  ap- 
point some  suitable  person  to  perform  the  duties  of  either 
of  said  officers  for  the  time  being;  and  when  at  any  time 
there  shall  be  in  either  of  the  offices  of  sheriff,  coroner,  reg- 
ister of  deeds,  or  county  surveyor,  no  officer  duly  authorized 
to  execute  the  duties  thereof,  some  suitable  person  may  be 
appointed  by  the  county  clerk  and  prosecuting  attorney  of 
the  county  to  perform  the  duties  of  either  of  said  offices  for 
the  time  being. 

Constitution,  Art.  6,  sec.  10  ;  Sayles  v.  Judge,  82  /  89  :  Lamoreaux  v.  Att'y 
Gen.,  89  / 149.  Temporary  vacancies  in  county  offices  are  filled  by  appoint- 
ment and  not  by  election. — Att'y  Gen.  v.  Hollister,  59  /  591. 

REGISTER   OP  DEEDS:      See   section   380. 


Persons  ap-fiii        (41Q)      §  1170.     SEC.  16.     Each  of  the  persons  appointed 
vacancy  to       in  pursuance  of  either   of  the  two  last  preceding  sections, 
tc.  shall,  before  proceeding  to  execute  the  duties  assigned  him, 


ELECTION  LAWS.  135 


comply  with  such  conditions  and  directions  as  shall  be  pre- 
scribed and  given  relative  to  oaths  and  bonds,  by  the  officer 
or  officers  appointing  him  as  aforesaid. 


An  Act  prescribing  the  manner  of  filling  vacancies  in  certain  State  offices. 

[Act  159  of  1851.] 

The  People  of  the  State  of  Michigan  enact: 

(411)     §  1172.     SECTION  1.     That     whenever,     from     any  vacancies  m 
cause,  there  shall  be  a  vacancy  in  the  office  of  auditor  general,  Sees?  how6 
attorney  general,  secretary  of  state    or  state  treasurer,  su- fiUed- 
perintendent   of  public  instruction,  or  commissioner  of  the 
state  land  office,  the  governor  shall  have  power  to  appoint 
some  suitable  person  to  fill  such  vacancy,  and  the  person  so 
appointed  shall  take  the  same  oath  of  office,  and  give  a  bond 
in  the  same  manner  as  provided  by  law  for  the  officer  for 
whose  vacancy  he  shall  be  so  appointed ;  and  such  person  shall 
hold  such  office,  unless  sooner  removed  by  competent  author- 
ity, until  his  successor  shall  be  elected  and  qualified  uhder 
the  constitution  of  this  State,  or  until  the  close  of  the  next 
session  of  the  legislature. 


DECLARING   AND   PILLING   VACANCIES   BY   BOARDS   OF   SUPERVISORS. 
[Extract  from  Act   156  of  1851.] 

(412)     §  2484.     SEC.  11.     The  said  several  boards  of  su- Boards  of 
pervisors  shall  have  power,  and  they  are  hereby  authorized, 
at  any  meeting  thereof,  lawfully  held: 

Fourteenth,  To  require  any  county  officer,  whose  salary  or  Reports  and 
compensation  is  paid  by  the  county,  to  make  a  report,  under 
oath,  to  them  on  any  subject  or  matters  connected  with  the  cers- 
duties  of  his  office,  and  to  require  such  officer  to  give  bonds, 
or   further  or  additional   bonds,   as   shall   be  reasonable  or 
necessary,   for   the  faithful   performance  of  their  respective 
duties ;  and  any  such  officer  who  shall  neglect  or  refuse  to  Neglect  or  re- 
make any  such  report,  or  to  give  such  bond  within  a  reason-  Jjgjj 
able  time  after  being  so  required,  may  be  removed  from  office  removal. 
by  such  board  by  a  vote  of  two-thirds  of  all  the  members  elect, 
and  the  office  declared  vacant,  and  such  board  may  fill  such 
vacancy  for  the  unexpired  portion  of  the  time  for  which  such 
officer  was  elected  or  appointed :    Provided,  That  if  the  spring  Proviso. 
or  fall  election  shall  occur  before  the  expiration  of  the  said 


136 


STATE  OF  MICHIGAN. 


unexpired  term,  if  the  office  be  an  elective  one,  the  vacancy 
shall  be  filled  at  such  election,  and  it  shall  be  the  duty  of 
such  board  to  give  reasonable  notice  of  such  election  to  fill 
the  vacancy. 

Am.   1905,  Act  98. 

See   section   380. 

This  subdivision  does  not  give  the  board  the  general  power  of  removal, 
but  only  for  the  two  causes  named — failure  to  report  and  neglect  to  give 
bonds. — Mead  v.  Ingham  Co.  Treasurer,  36  /  416.  Cases  of  incompetency,  see 
Trainor  v.  Wayne  Co.  Auditors,  89  /  162. 


CHAPTER  XI— ELECTION  OF  JUDGES  AND  REGENTS. 
CIRCUIT  JUDGES. 


Election  of 
circuit  judge. 


Duties  of  in- 
spectors of 
election. 


Secretary  of 
state  to  give 
notice  to 
sheriffs. 


Sheriffs  to 
notify  town- 
ship clerks, 
etc 


An  Act  to  provide  for  the  election  of  circuit   judges  and   regents   of  the 

University. 

[Act  25  of  1851.] 

The  People  of  the  State  of  Michigan  enact: 

(413)  §  3735.     SECTION  1.     That  an  election  shall  be  held 
on  the  first  Monday  in  April,  one  thousand  eight  hundred  and 
fifty -one,  and  every  sixth  year  thereafter,  in  each  of  the  judi- 
cial circuits  into  which,  under  the  revised  constitution  and 
schedule  thereto,  and  laws,  the  State  is  divided,  by  the  elec- 
tors thereof,  of  one  circuit  judge  and  one  regent  of  the  uni- 
versity, who  shall  hold  their  offices  respectively  for  the  term 
of  six  years,  and  until  their  successors  are  elected  and  quali- 
fied. 

So  far  as  relates  to  regents  of  the  university,  this  act  is  superseded  by  the 
act  immediately  following.  When  this  act  was  passed,  Const.  XIII,  6,  pro- 
vided for  the  election  of  a  regent  in  each  judicial  circuit. 

(414)  §  3736.     SBC.  2.     The  inspectors  of  elections  in  the 
several  townships  and  wards  in  cities  throughout  the  State, 
are  hereby  required  to  prepare  a  ballot  box  to  receive  all  bal- 
lots that  may  be  offered  at  such  election  for  circuit  judge  and 
regent  of  the  university,  both  of  which  officers  shall  be  voted 
for  on  one  ballot. 

(415)  §  3737.     SEC.  3.     The  secretary  of  state  shall,  im- 
mediately after  the  passage  of  this  act,  transmit  to  the  sheriff 
of  each  county  included  within  the  several  judicial  circuits 
of  this  State  a  notice  in  writing,  containing  a  brief  statement 
of  the  contents  of  this  act,  and  he  shall  cause  a  copy  of  this 
act  to  be  published  in  such  newspapers  within  the  several 
judicial  circuits  as  he  may  deem  proper,  once  in  each  week 
from  the  date  of  the  notice  till  the  election  aforesaid. 

(416)  §  3738.     SEC.  4.     The  sheriffs  of  the  several  coun- 
ties, on  receiving  the  notice  hereby  provided  for,  shall  forth- 
with, in  writing,  notify  the  township  clerk  of  each  township, 


ELECTION  LAWS.  137 


and  one  of  the  inspectors  of  election  of  each  ward  in  any  city, 
of  such  election ;  and  it  shall  be  the  duty  of  the  township  Township 
clerks  and  inspectors  of  election  receiving  said  notice  to  give 
eight  day's  notice,  except  for  the  election  in  eighteen  hundred 
and  fifty-one,  in  writing,  under  their  hands  respectively,  to 
the  electors  of  the  township  or  ward,  of  the  time  and  place 
of  holding  such  election,  by  posting  the  same  up  in  at  least 
three  public  places  in  the  township  or  ward. 

(417)  §  3739.     SEC.  5.     The  election  provided  for  by  this  Election  can- 
act  shall  be  conducted  in  the  same  manner  as  by  existing  laws  vass>  etc* 

is  provided  for  the  holding  of  a  general  election;  and  the  in- 
spectors of  elections  shall  make  the  same  canvass,  statement 
and  returns,  and  they  are  hereby  invested  with  the  same 
powers  and  authority  as  are  provided  by  the  election  laws  of 
this  State  for  a  general  election. 

(418)  §  3740.     SEC.  6.     The  county  canvass  for  the  sev- County  can- 
eral  circuit  judges  and  regents  of  the  university,  shall  be  on  Jefd.'  when 
the  second  Tuesday  succeeding  the  election,  and  shall  be  con- 
ducted in  all  respects  in  the  same  manner,  and  returns  shall 

be  made  in  the  same  manner  and  within  the  same  time  as  is 
provided  by  existing  laws  for  the  canvass  of  representatives 
to  congress ;   but  the  county  clerks  of  the  several  counties  statement, 
shall  transmit  one  of  the  certified  copies  of  the  statement  of  turned™" 
votes  to  the  state  treasurer,  instead  of  the  auditor  general. 

(419)  §  3741.     SEC.  7.     The  secretary  of  state,  state  treas- Board  of  state 
urer  and  commissioner  of  the  state  land  office,  shall  consti-  ca 

tute  the  board  of  state  canvassers,  and  they  are  hereby  auth- 
orized and  required  to  proceed  in  the  canvass  and  determina- 
tion of  the  election  of  the  several  circuit  judges  and  regents 
of  the  university,   in  the  same  manner  and  within  similar 
periods  of  time,  as  near  as  may  be,  as  is  provided  by  law  for  Const.  Art.  8, 
the  canvass  of  the  election  of  representatives  to  congress,  and  Their  duty. 
shall  transmit  similar  notices  to  the  persons  declared  to  be 
elected  to  the  offices  of  circuit  judge  and  regent  of  the  univer- 
sity  in   the   several   judicial  districts:     Provided,   That  the 
board  of  state  canvassers  shall  not  determine  the  result  of 
the  election  for  a  regent  of  the  university  in  the  county  of 
Wayne,  until  after  the  receipt  of  the  several  statements  of 
votes  given  for  a  regent  of  the  university  in  the  upper  pen- 
insula :     Provided,   Such  statement  shall  be  received  before  Pj™so0afs  to 
the  third  Tuesday  of  November  next  ensuing,  when  said  board  wayne.° 
shall  proceed  to  canvass  and  determine  the  election  of  such 
regent,  as  in  other  cases. 

(420)  §  3742.     SEC.  8.     The  officers  elected  under  the  pro-  commence- 
visions  of  this  act,  shall  enter  upon  the  discharge  of  their  m 
respective  duties  on  the  first  day  of  January  succeeding  their 
election. 

Section   9   was   superseded   by   section  24   of   act   190   of   1891.      See   section 
133  of  .this  compilation. 
18 


138 


STATE  OF  MICHIGAN. 


REGENTS  OF  THE  UNIVERSITY. 


General  elec- 
tion for  re- 
gents. 


An  Act  to  provide  for  the   election   and   classification   of  regents   of  the 

University. 

[Act  143  of  1863.] 

The  People  of  the  State  of  Michigan  enact: 

(421)  §  3743.  SECTION  1.  That  a  general  election  shall 
be  held  in  the  several  townships  and  wards  of  this  State  on 
the  first  Monday  in  April,  in  the  year  one  thousand  eight 
hundred  and  sixty-three,  and  on  the  first  Monday  in  April  in 
every  second  year  thereafter,  for  the  election  of  regents  of 
the  university,  who  shall  enter  on  the  duties  of  their  office 
on  the  first  day  of  January  next  succeeding  their  election. 

See  constitution,  Art.   13,  section  6  ;   section  47  of  this  compilation. 


Election  in  (422)  §  3744.  SEC.  2.  At  the  election  to  be  held  on  the 

first  Monday  of  April,  in  the  year  one  thousand  eight  hun- 
dred and  sixty-three,  there  shall  be  elected  eight  regents  of 

HOW  classified,  the  university,  who  shall  be  divided  into  four  classes,  of  two 
each,  to  be  numbered  one,  two,  three  and  four,  whose  term  of 
service  shall  commence  on  the  first  day  of  January,  one  thou- 

Term  of  ser-     sand  eight  hundred  and  sixty-four.     The  term  of  service  of 

dass°f  (  class  number  one  shall  expire  in  two  years ;  the  term  of  class 

number  two  shall  expire  in  four  years ;  the  term  of  class  num- 
ber three  shall  expire  in  six  years;  the  term  of  class  number 
four  shall  expire  in  eight  years  from  the  first  day  of  January, 

Biennial  eiec-  one  thousand  eight  hundred  and  sixty-four.  After  the  first 
election,  two  regents  shall  be  elected  every  two  years,  and 
their  term  of  office  shall  be  eight  years.  The  place  of  each 
class  shall  be  filled  by  an  election  at  the  general  election  to 
be  held  on  the  first  Monday  in  April  next  preceding  the  expira- 
tion of  their  term  of  service. 

Sections   3    and   4   relate   to   the   manner   of   giving   notice   of   first   election- 
under  this  act. 


Elections,  how 
conducted. 


Canvass,  how 
conducted. 


(423)  §  3747.     SEC.  5.     The  several  regents  of  the  univer- 
sity, to  be  elected  as  aforesaid,  shall  be  voted  for  on  the  same 
ballots  with  the  justice  or  justices  of  the  supreme  court  and 
circuit  judge,  to  be  chosen  at  such  election;  and  the  election 
provided  for  by  this  act  shall  be  conducted  in  the  same  man- 
ner, and  by  the  same  officers,  and  the  same  notices  of  time 
and  place  shall  be  given  as  by  existing  laws  for  election  of 
justices  of  the  supreme  court,  and  the  inspectors  of  election 
shall  make  the  same  canvass,  statement  and  return,  and  shall 
be  invested  with  the  same  powers  as  are  provided  by  the  laws 
of  this  State  for  a  general  election. 

(424)  §  3748.     SEC.  6.     The   county  and   state   board  of 
canvassers  for  said  election  shall  consist  of  the  same  persons- 


ELECTION  LAWS.  139 


as  provided  by  existing  laws  for  canvassing  votes  for  State 
officers,  and  the  canvass  shall  be  held  and  conducted  in  the 
same  manner,  and  at  the  same  time,  and  the  like  statements 
and  returns  shall  be  made,  and  the  said  board  shall  be  charged 
with  the  same  duties,  and  invested  with  the  like  powers  as 
provided  by  existing  laws  for  canvassing  votes  for  justices 
of  the  supreme  court  and  circuit  judges,  and  the  secretary  of 
state  shall  perform  the  same  duties  in  relation  thereto,  and 
all  the  proceedings  shall  be  conducted  in  accordance  with  the 
laws  regulating  the  canvass  of  votes  cast  at  a  general  election, 
so  far  as  the  same  are  applicable. 

Sec.  7  relates  to  the  classification  of  regents  first  elected. 


JUSTICES  OF  THE  SUPREME  COURT. 

An  Act  to  provide  for  the  organization  of  the  supreme  court,   pursuant  to 
section  two  of  article  six  of  the  constitution. 

[Act   146   of   1857   as   amended.] 

The  People  of  the  State  of  Michigan  enact: 

(425)  §  177.     SECTION  1.     From  and  after  the  first  day  HOW  consti- 
of  January,  nineteen  hundred  five,  the  supreme  court  shall tuted- 
consist  of  a  chief  justice  and  seven  associate  justices,  to  be 
chosep  by  the  electors  of  this  State,  and  in  the  mean  time 

the  supreme  court  shall  continue  as  at  present  organized. 

Am.   1903,  Act  250. 

(426)  §  178.     SEC.  2.     A  general  election  shall  be  held  in  General  eiec- 
the  several  townships  and  wards  of  the  State,  on  the  first  }^Sj£T 
Monday  of  April,  in  the  year  one  thousand  eight  hundred  and 
fifty-seven,  and  on  the  first  Monday  of  April  in  every  second 

year  thereafter,  for  the  election  of  judges  or  justices  of  the 
supreme  court. 

(427)  §  179.     SEC.  3.     At  the  election  to  be  hel<J  in  the  Additional 
several  townships  and  cities  of  this  State,  on  the  first  Tues-  Stef.'tlrm1 
day  after  the  first  Monday  of  November,  nineteen  hundred  of  °mce» etc- 
four,  there  shall  be  elected  three  additional  associate  justices 

of  the  supreme  court,  who  shall  enter  upon  office  on  the  first 
day  of  January,  nineteen  hundred  five,  one  of  whom  shall  hold 
his  office  until  the  thirty-first  day  of  December,  nineteen  hun- 
dred seven,  one  shall  hold  his  office  until  the  thirty-first  day 
of  December,  nineteen  hundred  nine,  and  one  shall  [hold] 
his  office  until  the  thirty-first  day  of  December,  nineteen  hun- 
dred eleven.  The  ballots  cast  at  such  election  for  such  justices 
shall  designate  the  term  of  service  of  each  justice  voted  for. 
At  the  election  to  be  held  in  the  several  townships  and  cities 


140 


STATE  OF  MICHIGAN. 


Vacancy,  how 
filled. 


of  this  State,  on  the  first  Monday  in  April,  nineteen  hundred 
five,  there  shall  be  elected  one  justice  of  the  supreme  court, 
who  shall  hold  his  office  for  the  term  of  eight  years  from  and 
after  the  first  day  of  January  next  succeeding  such  election. 
At  the  election  to  be  held  in  the  several  townships  and  cities 
of  this  State,  on  the  first  Monday  in  April,  nineteen  hundred 
seven,  and  every  two  years  thereafter,  there  shall  be  elected 
two  justices  of  the  supreme  court  to  hold  their  offices  respec- 
tively for  the  term  of  eight  years  from  and  after  the  first  day 
of  January  next  succeeding  such  elections.  The  several  jus- 
tices of  the  supreme  court  now  in  office  shall  hold  their  offices 
respectively  during  the  term  for  which  they  have  been  elected, 
and  the  term  of  all  other  justices  of  the  supreme  court  shall 
be  eight  years,  as  above  provided. 

Am.   1903,  Act  250. 

(428)  §  180.     SEC.  4.     Whenever  a  vacancy  shall  happen 
in  the  office  of  judge  of  the  supreme  court,  it  shall  be  filled 
by  appointment  of  the  governor,  and  a  successor  shall  be 
elected  at  the  next  general  election  which  may  be  held  on 
the  first  Monday  of  April  thereafter ;  unless  a  general  election 
shall  be  held  in  November,  prior  to  such  election  in'  April ; 
and  in  such  case  he  may  be  elected  at  such  election  in  Novem- 
ber. 

Sections  5  and  6  provided  for  the  notification  of  officers  of  the  new  enact- 
ment. 

(429)  §  181.     SEC.  7.     The  inspectors  of  election  in  the 
several  townships  and  wards  in  cities  throughout  the  State, 
are  hereby  required  to  prepare  a  ballot  box  at  each  of  the 
biennial  elections  provided  for  in  this  act,  to  receive  all  bal- 
lots that  may   be  offered   at  such  elections  for  a  judge  or 
judges  of  the  supreme  court,  and  for  circuit  judge  and  regent 
of  the  university,  all  of  which  shall  be  voted  for  on  the  same 
ballot. 

(430)  §  182.     SEC.  8..    The  election  provided  for  by  this 
act  shall  be  conducted  in  the  same  manner  and  by  the  same 
officers,  and  notices  of  the  time  and  place  shall  be  given,  as 
by  the  existing  laws  provision  is  made  for  holding  a  general 
election* in  the  State  in  the  month  of  November  of  each  second 
year;  and  the  inspectors  of  election  shall  make  the  same  can- 
vass, statement  and   returns,  and  they    are  hereby   invested 
with  the  same  powers  and  authority,  as  are  provided  by  the 
election  laws  of  this  State  for  a  general  election. 

(431)  §  183.     SEC.  9.     The  county  canvass  for  judges  of 
the  supreme  court  shall  be  held  on  the  second  Tuesday  suc- 
ceeding the  election,  and  shall  be  conducted  in  all  respects 
in  the  same  manner  and  by  the  same  officers,  and  returns  shall 
be  made  in  the  same  manner  and  "within  the  same  time,  as  is 
provided  by  existing  laws  for  the  canvass  of  votes  cast  for 
circuit  judges,  secretary  of  state,  and  other  State  officers. 


Ballot  box. 


Elections,  how 
conducted. 


County  can- 
vass, when  to 
be  held  and 
how  con- 
ducted. 


ELECTION  LAWS.  141 


(432)  §  184.  SEC.  10.  The  secretary  of  state,  state  Board  of  state 
treasurer,  and  commissioner  of  the  state  land  office,  shall  con-  c^™38618- 
stitute  the  board  of  state  canvassers,  and  they  are  hereby  HOW  to  pro- 
authorized  and  required  to  proceed  in  the  canvass  and  de- 
termination  of  the  election  of  the  judges  or  judge  of  the 
supreme  court,  in  the  same  manner  and  at  the  same  time  as 
is  provided  by  law  for  the  canvass  of  the  election  of  circuit 
judges  and  regents  of  the  university,  and  they  shall  make  a 
statement  of  the  votes  cast  and  the  number  cast  for  each  per- 
son, and  determine  the  person  or  persons  elected,  and  make 
and  subscribe  on  such  statement  a  certificate  of  such  deter- 
mination, and  deliver  the  same  to  the  secretary  of  state,  who 
shall  cause  the  same  to  be  recorded  in  his  office ;  all  of  which 
proceedings  shall  be  conducted  in  accordance  with  the  laws 
regulating  the  canvass  of  votes  cast  at  a  general  election  for 
State  officers,  so  far  as  the  same  are  applicable. 

The  balance  of  this  act  relates  to   the  classification   of  judges,  and  powers 
and  duties  of  the  court. 


ELECTION  OF  U.  S.  SENATORS. 

An  Act   to   designate  the  time,  and  provide  the  manner  of  electing  United  % 

States  Senators. 

[Act   1   of  1869.] 

The  People  of  the  State  of  Michigan  enact: 

(433)      §  1144.     SECTION  1.     That     the   legislature    which  Time  of  elect- 
shall  be  chosen  next  preceding  the  expiration  of  the  time  for  mg- 
which  any  senator  was  elected  to  represent  this  State  in  the 
congress  of  the  United  States,  shall,  on  the  second  Tuesday 
after  the  meeting  and  organization  thereof,  proceed  to  elect     x 
a  senator  in  congress,  in  the  place  of  such  senator  so  going 
out   of  office,   in  the  following  manner :     Each  house  shall  Each  house 
openly,  by  a  viva  voce  vote  of  each  member  present,  name  one  Jugate, 
person  for  senator  in  congress;  and  the  name  of  the  person 
so  voted  for,  who  shall  have  a  majority  of  the  whole  number 
of  votes  cast  in  each  house,  shall  be  entered  on  the  journal  Entries  to 
of  each  house  by  the  clerk  or  secretary  thereof ;  but  if  either 
house  shall  fail  to  give  such  majority  to  any  person  on  such 
day,  that  fact  shall  be  entered  on  the  journal.     At  twelve  joint  con- 
o'clock,  meridian,  of  the  day  following  that  on  which  proceed-  ventlon- 
ings  are  required  to  take  place  as  aforesaid,  the  members  of 
the  two  houses  shall   convene  in    joint  convention,  and  the 
journal  of  each  house  shall  then  be  read ;  and  if  the  same  per-  journals  to 
son  shall  have  received  a  majority  of  all  the  votes  in  each  ^^Sity 
house,  such  person  shalj  be  declared  duly  elected  a  senator  Vote  in  each 
to  represent  this  State  in  the  congress  of  the  United  States;  h( 


142 


STATE  OF  MICHIGAN. 


Vacancies, 
how  filled. 


but  if  the  same  person  shall  not  have  received  a  majority 
of  the  votes  in  each  house,  or  if  either  house  shall  have  failed 
to  take  proceedings  as  required  by  this  act,  the  joint  conven- 
tion shall  then  proceed  to  choose,  by  a  viva  voce  vote  of  each 
member  present,  a  person  for  the  purpose  aforesaid;  and  the 
person  having  a  majority  of  all  the  votes  of  the  said  joint 
convention,  a  majority  of  all  the  members  elected  to  both 
houses  being  present,  and  voting,  shall  be  declared  duly 
elected;  and  in  case  no  person  shall  receive  such  majority  on 
the  first  day,  the  joint  convention  shall  meet  at  twelve  o'clock, 
meridian,  of  each  succeeding  day  during  the  session  of  the 
legislature,  and  take  at  least  one  vote,  until  a  senator  shall  be 
elected. 

(434)  §  1145.     SEC.  2.     Whenever,  on  the  meeting  of  the 
legislature,  a  vacancy  shall  exist  in  the  representation  of  this 
State  in  the  senate  of  the  United  States,  the  legislature  shall 
proceed,  on  the  second  Tuesday  after  the  commencement  and 
organization  of  its  session,  to  elect  a  person  to  fill  such  va- 
cancy, in  the  manner  hereinbefore  provided  for  the  election 
of  a  senator  for  a  full  term;  and  if  a  vacancy  shall  happen 
during  the  session  of  the  legislature,  then,  on  the  second  Tues- 
day after  the  legislature  shall  have  been  organized,  and  shall 
have  notice  of  such  vacancy,  the  legislature  shall  proceed  to 
elect  as  aforesaid. 

(435)  §  1146.     SEC.  3.     It  shall  be  the  duty  of  the  gov- 
ernor, upon  the  election  of  a  senator,  as  herein  provided,  to 
certify  his  election  to  the  president  of  the  senate  of  the  United 
States,  which  certificate  shall  be  countersigned  by  the  secre- 
tary of  state,  under  the  seal  of  the  State.     He  shall  also  de- 
liver by  mail  or  otherwise  a  like  certificate  to  the  person  so 
elected  senator. 


Governor  to 
certify  elec- 
tion. 


Section  4  repeals  "all  acts  or  parts  of  acts  contravening  the  provisions  of 
this  act." 


ELECTIONS  IN  UPPER  PENINSULA. 

STATE   AND   COUNTY   OFFICERS. 

An" Act  to  change  the  time  of  holding  the  election  for  State  and  county 
officers  in  the  upper  peninsula,  and  to  repeal  the  existing  law  on  that 
subject. 

[Act  68  of  1863.] 

The  People  of  the  State  of  Michigan  enact: 

Election,  when       (436)    SECTION  1.    That  in  the  year  eighteen  hundred  and 

SndSctded°w    sixty-four,  and  every  two  years  thereafter,  the  election  for  all 

State    and  county  officers  in  the  u^per  peninsula,  shall  be 

held  on  the  Tuesday  succeeding  the  first  Monday  in  Noveni- 


ELECTION  LAWS.  143 


ber,  and  shall  be  conducted,  in  all  respects,  in  accordance  with 
the  law  relative  to  holding  general  elections. 

Section  2  repeals  section  134  of  Chap.  6,  C.  L.,  1857. 

(437)     SEC.  3.     The  returns  of  elections  in  the  upper  pen-  Returns  of 
insula  shall  be  made  at  the  several  places,  and  within  the el< 
«ame  period  of  time,  after  the  day  of  election,  as  is  now  pro- 
vided by  law  for  making  election  returns  in  the  upper  pen- 
insula. 


PROSECUTING   ATTORNEY. 

An  Act  to  change  the  time  of  holding  the  election  for  prosecuting  attorney 
in  the  upper  peninsula. 

[Act  253  of  1865.] 

The  People  of  the  State  of  Michigan  enact: 

(438)     SECTION  1.     That  at  the  time  of  electing  county  and  E{fcti?nid 
State  officers,  on  the  Tuesday  succeeding  the  first  Monday  in  w 
November,  in  the  year  eighteen  hundred  and  sixty-six,  and 
every  two  years  thereafter,  there  shall  be  elected  a  prosecuting 
attorney  in  each  of  the  counties  in  the  upper  peninsula ;  and  HOW  con- 
the  said  election  shall  be  conducted,  the  returns  made,  and  dl 
the  votes  canvassed  in  all  respects  as  is  now  provided  by  law 
for  making  election  returns  in  the  upper  peninsula. 

See  secton  51  and  note,  and  notes  to  section  94. 


OVERSEERS    OF    HIGHWAYS. 

An  Act  to  provide  for  the  election  of  overseers  of  highways,  by  ballot,  in  the 
upper  peninsula  of  Michigan. 

[Act  39  of  1867.] 

The  People  of  the  State  of  Michigan  enact: 

(439)  §2278.     SECTION  1.     That  at  each  annual  township  Election  of 
meeting,  held  in  each  organized  township  (or  in  any  township  Mghways.°f 
that  may  be  organized  hereafter),  in  the  upper  peninsula,  on 

the  first  Monday  of  April  in  each  year,  there  may  be  elected 
by  ballot,  one  overseer  of  highways  for  each  road  district  in 
said  township. 

(440)  §  2279.     SEC.  2.     The  name    of  the    overseer,  and  Manner  of 
where  a  township  is  divided  into  two  or  more  districts,  the  stlr!m 


144 


STATE  OF  MICHIGAN. 


number  of  the  district  shall  be  designated  as  district  number 
one,  district  number  two,  and  so  on  to  the  required  number  of 
districts  in  said  township,  shall  be  on  the  same  ballot  with  the 
other  township  officers,  and  be  elected  in  the  same  manner  as 
is  now  provided  by  law  for  the  election  of  township  officers 
by  ballot. 

of  com-      (441)      §  2280.     SEC.  3.     Should     any   of     said   townships 
5ghwaysstof    neglect  to  elect  overseers  of  highways,  as  provided  in  this  act, 
fiii  vacancies.    or  should  the  office  for  any  cause  become  vacant,  or  should  a 
new  road  district  or  districts  be  formed  in  any  of  the  town- 
ships, it  shall  be  the  duty  of  the  commissioner  of  highways 
of  the  township  to  fill  such  vacancies,  and  appoint  an  over- 
seer of  highways  for  any  new  road  district,  who  shall  hold  his 
office  until  the  next  annual  township  meeting,  and  until  his 
successor  is  elected  and  qualified  according  to  law. 


CHAPTER   XII.— ELECTIONS    IN    FOURTH    CLASS 
CITIES  AND  VILLAGES. 


Time  of  hold- 
ing first  elec- 
tion. 


Proviso  as  to 
registration 
of  electors. 


When  special 
election  may 
be  held. 


Who  to  be' 
appointed  in- 
spectors of 
election. 

Clerk  to  give 
notice  of  time 
and  place  for 
holding  elec- 
tion. 


FOURTH  CLASS  CITIES. 

[Extract  from  Act  215  of  1895.] 

CHAPTER   I. 

(433)  §  1144.  SECTION  1.  That  the  legislature  which 
new  corporation  shall  be  held  on  the  first  Monday  in  April 
next  after  the  filing  of  the  declaration  of  incorporation  in 
the  office  of  the  secretary  of  state :  Provided,  There  shall  be 
sufficient  time  after  the  division  of  the  city  into  wards,  to 
mfake  a  registration  of  the  electors,  and  to  give  the  notice  of 
election  hereinafter  required;  and  if  there  shall  not  be  suffi- 
cient time  for  that  purpose,  then  such  first  election  shall  be 
held  on  the  first  Monday  of  April  next  thereafter;  or  the 
council  may  appoint  a  day  for  the  holding  of  a  special  election, 
upon  giving  like  notice  as  hereinafter  required  for  the  hold- 
ing of  such  elections. 

For  proceedings  for  incorporation  of  cities  of  the  fourth  class  see  sections 
2956-65,    C.    L.,    1897. 

(443)  §  2967.  SEC.  12.  At  least  ten  days  before  the  first 
election  in  and  for  the  new  corporation,  the  council  of  the 
old  corporation  shall  appoint  four  persons  in  each  ward  as 
inspectors  of  such  election  therein;  and  cause  notice  to  be 
given,  by  the  clerk,  by  handbills  posted  in  ten  of  the  most 
public  places  in  each  ward,  and  by  publication  in  one  or  more 
newspapers  printed  in  the  city,  of  the  time  and  place  in  each 


ELECTION  LAWS.  145 


ward  of  holding  such  election,  and  of  the  city  and  ward  offi- 
cers to  be  elected ;  and  of  the  place  in  each  ward  where  the  When  inspect- 
said  inspectors  of  election   will  meet  on  the  Saturday  next  SS^ufjSj'S 
preceding  the  election  to  make  a  registration  of  the  electors  registration, 
of  the  new  city  corporation,  and  that  no  person,  unless  reg- 
istered in  such  registry,  can  be  permitted  to  vote  at  such  elec- 
tions.    Said  council  shall  also  procure  books  of  registry  of  council  to  pro- 
the  form  required  by  law  for  the  registration  of  electors  in  reg£t??°ks  for 
cities,  and  deliver  them  to  said  inspectors. 

QUALIFICATION  OF  ELECTORS  :     See  sections  31,  59  and  notes. 

(444)  §  2968.     SEC.  13.     The   inspectors   of  election,   ap- inspectors  of 
pointed  as  provided  in  the  preceding  section,  shall  constitute  coStute0 
boards  of  registration  for  their  respective  wards  for  the  pur-  -^JJ^ reg" 
pose  of  making  the  first  registry  of  the  electors  therein.  They  'oYtVoT  office, 
shall  take  and  file  with  the  clerk  the  oath  of  office  required  in 

this  act  to  be  taken  by  city  officers,  and  shall  meet  in  their 
respective  wards  on  the  day  and  place  appointed  in 'the  notice 
mentioned  in  the  preceding  section,  and  there  make  a  registry 
of  all  persons  in  the  wards  qualified  by  law  to  be  registered 
as  electors  therein.     In  making  such  registry  they  shall  pro-  Manner  of 
ceed  in  the  manner  provided  by  law  for  making  the  registry  of^fecforf. 
of  electors  in  cities.    Such  registry,  wThen  completed,  shall  be 
the  registry  of  electors  of  the  several  wards  of  the  city. 

(445)  §  2969.     SEC.  14.     Said  inspectors  shall  be  inspec-  who  to.  be  in- 
tors  of  such  first  election  in  their  respective  wards,  and  shall  Selection, 
have  the  same  powers  and  perform  the  same  duties  at  the  dutles- 
election,  and  in  respect  to  the  canvass  of  the  votes,  and  in 

making  and  returning  written  statements  and  certificates  of 
the  votes  cast,  and  for  whom  given,  as  are  required  of  inspec- 
tors at  annual  city  elections  provided  for  in  this  act,  except 
that  said  written  statements  and  certificates  shall  be  deposited 
with  the  village  clerk,  and  the  village  council  shall  respec- 
tively perform  the  same  duties  in  respect  to  the  canvass  of 
the  votes  and  returns,  and  in  determining  and  certifying  what 
persons  were  elected  to  office,  and  in  notifying  such  persons 
of  their  election  as  are  required  of  the  city  clerk  and  council 
in  respect  to  said  annual  city  elections. 


CHAPTER  III. 

WARDS. 

(446)  §  2976.  SECTION  1.  The  wards  established  by  the  wards. 
council  as  provided  in  section  ten,  chapter  one  of  this  act,  and 
the  wards  established  in  any  incorporated  city  at  the  tirfie  of 
its  reincorporation  under  the  provisions  of  this  act,  shall  con- 
tinue to  be  the  wards  of  such  city,  until  changed  by  the  legis- 
lature. 

19 


146 


STATE  OF  MICHIGAN. 


Number  of 
wards,  how 
apportioned. 


Change  of 
boundaries  not 
to  affect  alder- 
men or  ward 
officers. 


In  case  of  a 
new  ward  how 
terms  of  alder- 
men may  be 
designated. 


(447)  .  §  2977.     SEC.  2.     Any  city  having  a  population  of 
less  than  five  thousand  inhabitants  may  be  divided  into  three 
wards.     If  it  contains  a  population  of  five  thousand  or  up- 
wards it  may  be  divided  into  four  wards,  and  an  additional 
ward  for  every  additional  two  thousand  inhabitants  above  five 
thousand  and  up  to  ten  thousand.     But  any  city  having,  at 
the  time  of  its  being  brought  under  or  subject  to  the  pro- 
visions of  this  act,  a  greater  number  of  wards  in  proportion 
to  its  population  than  above  mentioned,  shall  not  be  required 
to  diminish  the  number  of  its  existing  wards. 

(448)  §  2978.     SEC.  3.     No  election  of  aldermen  or  ward 
officers  shall  be  held  in  any  newly  established  ward,  or  in  any 
ward,  on  account  of  changes  in  the  boundaries  thereof,  pre- 
vious to  the  next  annual  city  election;  nor  shall  the  office  of 
any  alderman  or  other  officer  elected  in  any  ward  be  vacated 
by  reason  of  any  change  in  such  ward ;  but  any  such  alderman 
and  other  officer  shall,  during  the  remainder   of  his  term, 
continue  in  office  and  to  represent  the  ward  including  the 
place  of  his  residence  at  the  time  of  the  change  of  the  bounda- 
ries of  the  ward,  unless  the  office  become  vacant  for  some  other 
cause. 

(449)  §  2979.     SEC.  4.     When  by  the  creation  of  a  new 
ward  two  aldermen  are  to  be  elected  therein  at  the  same  time, 
one  of  them  shall  be  elected  for  one  year,  and  one  for  two 
years,  and  the  term  of  each  shall  be  designated  on  the  ballot. 


Who  deemed 
electors. 


Residence  of 
electors. 


CHAPTER  IV. 

ELECTORS    AND    REGISTRATION. 

(450)  §  2980.  SECTION  1.  The  inhabitants  of  cities  hav- 
ing the  qualifications  of  electors  under  the  constitution  of 
the  State,  and  no  others,  shall  be  electors  therein,  and  every 
elector  shall  vote  in  the  ward  or  election  district  where  he 
shall  have  resided  during  the  twenty  days  next  preceding  the 
day  of  election.  The  residence  of  any  elector,  not  being  a 
householder,  shall  be  deemed  to  be  in  the  ward  or  election 
district  in  which  is  located  his  regular  place  of  lodging. 

See  sections  31  and  59,  and-  notes. 
Warren  v.  Bd.  of  Registration,  72  /  405. 


Council  may 
divide  wards 
into  voting 
precincts. 


(451)  §  2981.  SEC.  2.  The  council  of  any  city  having 
more  than  six  hundred  and  fifty  electors  in  any  ward  of  the 
city,  according  to  the  poll  list  of  the  last  preceding  election, 
shall  cause  such  ward  to  be  divided  into  two  or  more  voting 
districts.  The  manner  of  making  such  division,  the  creation 
of  election  inspectors  and  boards  of  registration  therein,  and 
all  matters  pertaining  to  such  division  and  the  holding  of  elec- 


ELECTION  LAWS.  147 


tions  in  such  districts,  not  covered  by  the  provisions  of  this 
chapter,  shall  be  provided  for  by  the  council  making  such 
division. 

REGISTRATION. 

(452)  §  2982.     SEC.  3.     The  aldermen  of  each  ward  shall  Aldermen  to 
constitute  the  board  of  registration  therein,  except  as  in  this  cc 

act  otherwise  provided.  If,  by  reason  of  a  change  of  boundary  ^ 
of  any  ward,  or  the  formation  of  a  new  ward,  or  the  forma-  to 'appoint" 
tion  of  more  than  one  election  district  in  a  ward,  or  other  member3'1 
cause,  there  shall  not  be  any  or  a  sufficient  number  of  alder- 
men representing  such  ward  or  residing  within  each  election 
district,*to  constitute  a  board  of  registration  of  two  persons, 
the  council  shall  supply  the  vacancy  or  appoint  a  board  of 
registration  for  the  ward  or  election  district.  The  members  compensation 
composing  such  board  of  registration  shall  receive  two  dol- 
lars per  day  as  compensation. 

See  general  law  for  registration  in  cities,  sections  57-63. 

(453)  §  2983.     SEC.  4.    When  changes  shall  be  made  in  when  change 
any  ward  or  wards,  or  a  new  ward  shall  be  formed  in  whole 

or  in  part  from  the  territory  of  other  wards,  or  when  a  ward 
shall  be  divided  into  voting  districts,  the  boards  of  registra- 
tion of  the  respective  wards  or  voting  districts  affected  by 
the  change  shall  meet  previous  to  the  time  prescribed  by  law 
for  giving  notice  of  their  sessions  preceding  the  next  election, 
and  the  name  of  each  registered  elector  known  to  have  been 
transferred  by  such  change  from  one  ward  to  another  ward, 
or  to  a  new  ward,  or  from  one  voting  district  to  another, 
shall  be  copied  into  the  register  of  the  ward  or  district  to 
which  the  transfer  was  made,  and  be  stricken  from  the  reg- 
ister of  the  ward  or  district  from  which  the  elector  was  trans- 
ferred by  the  change. 

(454)  §  2984.     SEC.  5.     When  a  new  ward  or  voting  dis-  when  ™™med 
trict  shall  be  formed,  the  board  of  registration  thereof,  at  its  board't^SXke 
session  next  preceding  the  next  election  therein,  shall  make  new  regis1 

or  complete  a  new  register  of  the  electors  residing  therein, 

and  for  that  purpose  shall  remain  in  session  two  days,  and  Notice  of  to 

notice  of  the  formation  of  such  ward  or  district,  and  that  a  b< 

new  register  of  the  electors  will  be  made  at  that  session,  shall 

be  given  with  the  notice  required  by  law  to  be  given  of  such 

session  of  the  board. 

(455)  §  2985.     SEC.  6.     Each  ward,  unless  otherwise  sub-  Each  ward  to 
divided,  shall  be  an  election  district.     On  the  Saturday  next  dfstaricte!ec1 
preceding  a  general  election,  and  on  the  Saturday  next  pre- 
ceding the  day  of  the  regular  city  election,  or  any  special 
election,  and  on  such  other  days  as  shall  be  appointed  by  the  when  board^ 
council,  not  exceeding  three  days  in  all,  previous  to  any  such  tosff?stl 
election,  the  several  boards  of  registration  for  the  city,  ex- 
cept as  in  this  act  otherwise  provided,  shall  be  in  session  at 


148  STATE  OF  MICHIGAN. 


such  places  in  their  several  wards  as  shall  be  designated,  as 

hereinafter  provided,  from  eight  o'clock  in  the  forenoon  until 

eight  o'clock  in  the  afternoon,  for  the  purpose  of  completing 

Each  qualified  the  lists  of  the  qualified  voters ;  during  which  session  it  shall 

Ssname  have  be  the  right  of  each  person  then  actually  residing  in  the  ward 

registered.        or  voting  district,  and  who,  at  the  then  next  approaching 

election  may  be  a  qualified  elector  and  whose  name  is  not 

already  registered,  to  have  his  name  entered  in  the  register 

of  such  ward  or  voting  district. 

when  council  (456)  §  2986.  SEC.  7.  At  least  two  weeks  previous  to 
whe?epboani  the  commencement  of  any  such  session  of  the  several  boards 
to  meet.  of  registration,  the  council  shall  fix  the  place  in  each  ward 

and  voting  district  of  the  city  where  the  board  of  registration 
Hown9ticeof  will  meet,  and  at  least  eight  days  before  such  sessio'n  of  the 
to  be  given.      boar(i  the  city  clerk  shall  give  notice  by  hand  bills  posted  in 
ten  public  places  in  each  ward  or  voting  district,  and  by  pub- 
lication in  one  or  more  newspapers  printed  in  the  city,  of 
the  time  and  place  in  each  ward  or  voting  district  when  and 
where  the  board  of  registration  for  such  ward  and  voting 
General  laws     district  will  meet.    Except  as  in  this  act  otherwise  provided, 
Jeg!sPt?Sion.      the  general  laws  of  this  State  relating  to  the  registration  of 
electors  in  cities  shall  apply  to  the  registration  of  electors 
in  cities  incorporated  under  or  made  subject  to  the  provisions 
of  this  act. 

when  board  to       (457)      §  2987.     SEC.  8.     The    boards    of    registration    in 
t?ation.eregis     cities  incorporated  under  this  act  at  their  sessions  previous 
to  the  general  election  in  November,  in  the  year  one  thou- 
sand eight  hundred  and  ninety-six,  sh'all  make  a  reregistration 
of  the  qualified  electors  of  their  respective  wards,  in  books  of 
oid  register      the  form  provided  by  law.    The  same  rules  shall  be  observed 
ied-  in  such  reregistration  as  are  provided  by  law  for  the  registra- 
tion of  electors  in,  cities ;  and  a  like  reregistration  of  the  elec- 
tors of  each  ward  shall  be  made  at  the  session  of  the  board 
next  preceding  the  general  election,  in  the  year  nineteen  hun- 
dred, and  every  fourth  year  thereafter.    When  such  new  reg- 
istry shall  be  made  the  former  registry  of  electors  shall  not  be 
used,  nor  shall  any  person  vote  at  any  election  in  such  ward 
after  such  reregistration  unless  his  name  shall  be  registered  in 
when  notice  of  such  new  register.    Notice  that  such  reregistration  is  required 
to  be  made  shall  be  given  with  the  notice  of  the  meeting  or 
session  of  the  board  at  which  it  is  to  be  made. 


CHAPTER  V. 

OFFICERS. 

what  city  (458)      §  2988.     SECTION  1.     In   cities  incorporated  under 

.10  be     this  act  the  following  city    officers   [viz.],  namely,  a  mayor, 
city  clerk,  city  treasurer,  and  two  justices  of  the  peace,  shall 


ELECTION  LAWS.  149 


be  elected  by  the  qualified  voters  of  the  whole  city :    Provided,  Treasurer 
That  no  person  shall  be  eligible  to  the  office  of  city  treasurer  twoterms* 
for  more  than  two  terms  in  succession. 

(459)  §  2989.     SEC.  2.     In  each  ward  a  supervisor,  two  ward  officers 
aldermen  and  a  constable  shall  be  elected :     Provided,  That to 

the  council  of  any  city  reincorporated  under  and  made  sub- 
ject to  the  provisions  of  this  act,  which  at  the  time  of  such 
reincorporation  shall  have  but  two  wards,  may  provide  by 
ordinance  for  the  election  of  two  additional  aldermen,  to  be 
known  as  aldermen  at  large,  and  to  be  elected  by  the  qualified 
electors  of  the  whole  city.  At  the  first  election  held  under 
this  act  one  of  such  aldermen  shall  be  elected  for  a  term  of 
one  year  and  one  for  a  term  of  two  years,  and  annually  there- 
after one  shall  be  elected  for  a  term  of  two  years. 

Att'y  Gen.  v.   Coggshall,   107  /  181 ;   Ostrander  v.   Supervisors,   111  /  65. 

(460)  §  2990.     SEC.  3.     The  following  officers  shall  be  ap- 
pointed  by  the  mayor,  by  and  with  the  consent  of  the  council  by 
[viz.],  namely,  a  city  attorney,  city  marshal,  street  commis- 
sioner, city  surveyor,  a  city  assessor  when  provided  for,  and 

a  chief  engineer  of  the  fire  department.    The  council  may  also,  c°^cii  may    , 

from  time  to  time,  provide  by  ordinance  for  the  appointment  pSmmentrofp 

of,  for  such  term  as  may  be  provided  in  the  ordinance,  such  01 

other  officers   whose   election   or  appointment  is   not  herein 

specially  provided  for,  as  the  council  shall  deem  necessary  for 

the  execution  of  the  powers  granted  by  this  act.     All  such  Apgointments 

appointments  shall  be  made  by  the  mayor,  by  and  with  the  mayor  with  J 

consent  of  the  council,  and  their  powers  and  duties  shall  be  ™ufSi.  °f 

prescribed  by  ordinance,  but  the  mayor  shall  have  no  vote  in 

the  council   on  the  question   of  his  appointments  of  above 

named  officers.  * 

(461)  §  2991.     SEC.  4.     Appointments     to     office,    except 
appointments  to  fill  vacancies,  shall  be  made  on  the  first  Mon- 
day  of  May  in  each  year;  but  appointments  which  for  any 
cause  shall  not  be  made  on  that  day  may  be  made  by  the 
mayor  and  confirmed  at  any  subsequent  regular  meeting  of 
the   council. 

(462)  §  2992.     SEC.  5.     At  the  first  election  held  in  any 

city  incorporated  under  this  act,  two  justices  of  the  peace  first  election. 
shall  be  elected;   also  two  aldermen   in  each  ward,   but  in 
cities   reincorporated   under   this   act,   the  aldermen    elected 
under  the  former  corporation  shall  continue  in  office  for  the 
term  for  which  they  were  elected ;  and,  at  such  first  election, 
such  number  of  aldermen  only  shall  be  elected,  as  with  those 
continuing   in   office   as   aforesaid,   shall   make  the  requisite 
number  of  aldermen  as  required  by  this  act,  and  the  terms  of  g™^ 
the  aldermen  first  elected  as  aforesaid  shall  be  so  arranged  arranged, 
that  one  alderman  for  each  ward  shall  be  elected  annually 
thereafter.     In  all  such  cities  reincorporated  under  the  pro-  ]S?e!;0ofele< 
visions  of  this  act,  the  then  existing  justices  of  the  peace  shall  peace. 
hold  their  offices  until  the  fourth  day  of  July  next  after  such 


150  STATE  OF  MICHIGAN. 


first  election,  and  no  longer,  and  at  such  first  election  two 
Terms  of  justices  of  the  peace  shall  be  elected,  one  for  the  term  of  two 
years  and  one  for  the  term  of  four  years  from  the  fourth  day 
of  July  next  thereafter,  and  the  term  for  which  each  is  elected 
shall  be  designated  upon  the  ballots  cast  for  him,  and  bi- 
ennially thereafter  one  justice  of  the  peace  shall  be  elected 
for  a  term  of  four  years:  Provided,  That  whenever  any  city 
reincorporated  under  this  act  shall  at  the  time  of  such  re- 
incorporation  have  but  two  justices  of  the  peace,  whether 
elected  by  wards,  districts,  or  by  the  city  at  large,  such 
justices  shall  hold  their  respective  offices  until  the  expiration 
of  the  term  for  which  they  were  respectively  elected,  and 
thereafter  their  successors  shall  be  elected  for  the  term  of 
four  years  as  provided  in  this  act. 

Terms  of  office      (463)     §  2993.     SBC.  6.     The  mayor,  city  clerk,  city  treas- 

officersam     y  urer,  supervisors  and  constables  shall  hold  their  offices  for 

the  term  of  one  year  from  the  second  Monday  in  April  of  the 

year  when  elected,  and  until  their  successors  are  qualified  and 

enter  upon  the  duties  of  their  offices. 

Terms  of  office      (464)     §  2994.     SEC.  7.     All     officers    appointed    by    the 
office?s°in         mayor  or  council,  except  officers  appointed  to  fill  vacancies  in 
elective  offices,  shall  hold  their  respective  offices  until  the  first 
Monday  of  May  next  after  such  appointment,  and  until  their 
successors  are  qualified  and  enter  upon  the  duties  of  their 
office,  unless  a  different  term  of  office  shall  be  provided  in 
Term  of  officer  this  act,  or  in  the  ordinance  creating  the  office.     Any  officer 
ncy-  elected  to  fill  a  vacancy  shall  hold  the  office  during  the  residue 
of  the  term  of  office  in  which  the  vacancy  occurred,  and  any 
officer  appointed  to  fill  a  vacancy  in  any  elective  office  shall 
hold  such  office  until  the  next  annual  city  election. 
when  officers        (465)     §  2995.     SEC.  8.     Justices  of  the  peace  not  elected 
dutSJf  upon  to  fill  vacancies  shall  enter  upon  the  duties  of  their  offices  on 
the  fourth  day  of  July  next  after  their  election.    In  all  other 
cases  officers  shall  enter  upon  the  duties  of  their  offices  on 
the  second  Monday  of  April  of  each  year,  unless  herein  other- 
wise provided  for. 

QUALIFICATIONS,  OATH  AND  BOND  OF  OFFICE. 

Qualifications  (466)  §  2996.  SEC.  9.  No  person  shall  be  elected  or  ap- 
gr  holding  pointed  to  any  office  unless  he  be  an  elector  of  the  city,  and 
if  elected  or  appointed  for  a  ward,  he  must  be  an  elector 
thereof;  and  no  person  shall  be  elected  or  appointed  to  any 
office  in  the  city  who  has  been  or  is  a  defaulter  to  the  city 
or  to  any  board  or  officers  thereof,  or  to  any  school  district, 
county,  or  other  municipal  corporation  of  the  State.  All 
votes  "for,  or  any  appointment  of,  any  such  defaulter  shall  be 
void. 

when  and  how  (467)  §  2997.  SEC.  10.  Justices  of  the  peace  elected  in 
pueac?tso°me  any  city  shall  take  and  file  an  oath  of  office  with  the  county 
oath  of  office.  cierk  of  the  county  in  which  the  city  is  located  within  the 


ELECTION  LAWS.  151 


same  time  and  in  the  same  manner  as  in  cases  of  justices  of 

the  peace  elected  in  townships.     All  other  officers  elected  or  when  other 

appointed  in  the  city,  shall,  within  ten  days  after  receiving  Ujjgf  to  take 

notice  of  their  election  or  appointment,  take  and  subscribe 

the  oath  of  office  prescribed  by  the  constitution  of  the  State 

and  file  the  same  with  the  city  clerk. 

See  section  50.  , 

(468)  §2998.    SEC.  11.   Every  justice  of  the  peace,  within  when  and  how 
the  time  limited  for  filing  his  official  oath,  shall  file  with  the  peacfto^fiie 
county  clerk,  mentioned  in  the  preceding  section,  the  security  security- 

for  the  performance  of  the  duties  of  his  office,  required  by 
law  in  the  case  of  justices  of  the  peace  elected  in  townships; 
except  that  said  official  bond  or  security  may  be  executed  in 
presence  of,  and  be  approved  by  the  mayor ;  and  in  case  he  ^^g for 
shall  enter  upon  the  execution  of  the  duties  of  his  office  before  n( 
having  filed  his  official  oath  and  bond  or  security  and  such 
other  bond  or  security  to  the  city  as  maybe  required  by  law 
or  by  any  ordinance  or  resolution  of  the  council,  he  shall  be 
liable  to  the  same  penalties  as  are  provided  in  cases  of  justices 
of  the  peace  elected  in  townships ;  and  every  other  officer 
elected  or  appointed  in  the  city  before  entering  upon  the  du- 
ties  of  his  office  and  within  the  time  prescribed  for  filing  his 
official  oath,  shall  file  with  the  city  clerk  such  bond  or  secur- 
ity as  may  be  required  by  law  or  by  any  ordinance  or  require- 
ment of  the  council,  and  with  such  sureties  as  shall  be  ap- 
proved by  the  council,  for  the  due  performance  of  the  duties 
of  his  office,  except  that  the  bond  or  security  of  the  clerk 
shall  be  deposited  with  the  city  treasurer.  with  treasurer. 

(469)  §  2999.     SEC.  12.     The  council,   or  the    mayor,   or  sufficiency  of 
other  officer  whose  duty  it  shall  be  to  judge  of  the  sufficiency  Sl 

of  the  proposed  sureties  of  any  officer  or  person  of  whom  a 
bond  or  any  security  may  be  required  by  this  act  or  by  any 
ordinance  or  direction  of  the  council,  shall  inquire  into  the 
sufficiency  of  such  sureties,  and  may  examine  them  under 
oath  as  to  their  property;  such  oath  may  be  administered  by 
the  mayor,  or  any  alderman,  or  other  person  authorized  to  ad- 
ministeV  oaths.  *The  examination  of  any  such  surety  shall  Examination 
be  reduced  to  writing  and  be  signed  by  him,  and  annexed  to 
and  filed  with  the  bond  or  instrument  to  which  it  relates. 

(470)  §  3000.     SEC.  13.     The  council    may    also,  at    any  when^councii 
time  require  any  officer,  whether  elected  or  appointed,  to  exe-  new  bonds. 
cute  and  file  with  the  clerk  of  the  city,  new  official  bonds  in 

the  same  or  in   such  further  sums,  and  with  new  or  such 
further  sureties  as  said  council  may  deem  requisite  for  the 
interest  of  the  corporation.    Any  failure  to  comply  with  such  ggjgjrflw 
requirement  shall  subject  the  officer  to  immediate  removal  by  comply 
the  council. 


152  STATE  OF  MICHIGAN. 


VACANCIES    IN   OFFICE. 

Resignations         (471)     §  3001.     SEC.  14.     Resignation  of  officers  shall    be 
'  made  to  the  council. 


when  office  to      (472)     §  3002.     SEC.  15.     If  any  officer  shall  cease  to  be 

vlcanctared      a  resident  of  the  city,  or  if  elected  in  and  for  a  ward,  shall 

remove  therefrom  during  his  term  of  office,  the  office  shall 

thereby  be  vacated.     If  any  officer  shall  be  a  defaulter  the 

office  may  be   on^ce  shall  thereby  be  vacated. 

vacated  when  (473)  §  3003.  SEC.  16.  If  any  person  elected  or  ap- 
SSt  ffle'd  *  pointed  to  office  shall  fail  to  take  and  file  the  oath  of  office, 
or  shall  fail  to  give  the  bond  or  security  required  for  the  due 
performance  of  the  duties  of  his  office,  within  the  time  herein 
limited  therefor,  the  council  may  declare  the  office  vacant, 
unless  previous  thereto  he  shall  file  the  oath  and  give  the  re- 
quisite bond  or  security. 

when  and  how       (474)     §  3004.     SEC.  17.     In   case  any  vacancy  occurs  in 

m^vacan?/     the  office  of  mayor,  or  in  any  other  elective  office,  except  jus- 

tice of  the  peace,  constable  and  school  trustee,  as  hereinafter 

provided,  the  council  may  fill  such  vacancy  by  appointment  at 

any  time  within  twenty  days  after  such  vacancy  occurs,  or 

may,  within  such  time,  call  a  special  election  for  the  purpose 

of  filling  such  vacancy,  as  they  may  deem  for  the  best  interest 

what  vacan-    of  the  city.     Vacancies  in  the  office  of  justice  of  the  peace 

cies  filled  by  ,  ,  *',  ,        ,     ,,  ,        _.,    ..  •' 

election.  and  constable  shall  be  filled  at  the  next  annual  election  or  at 
when  and  how  a  special  election  called  for  that  purpose.  Vacancies  in  any 
becfiued!s  t  appointive  office  shall  be  filled  within  twenty  days  after  such 

vacancy  occurs,  by  the  mayor  by  and  with  the  consent  of  the 

council. 

People  v.  Highland  Park,  88  /  653. 

Resignation  or  (475)  §  3005.  SEC.  18.  The  resignation  or  removal  of 
exonerate  from  any  officer  shall  not,  nor  shall  the  appointment  or  election  of 
liability.  another  to  the  office,  exonerate  such  officer  or  his  sureties 

from  any  liability  incurred  by  him  or  them. 

when  officer  to      (476)     §  3006.     SEC.  19.     Whenever   any   officer   shall   re- 

prope°rtyrtoity  sign  or  be  removed  from  office,  or  the  term  for  which  he  shall 

successor.        have  been  elected  or  appointed  shall  expire,  he  shall,  on  de- 

mand, deliver  over  to  his  successor  in  office  all  the  books, 

papers,  moneys  and  effects  in  his  custody  as  such  officer  and 

Penalty  for      in  any  way  appertaining  to  his  office;  and  every  person  wil- 

fully viol&ting  this  provision  shall  be  deemed  guilty  of  a  mis- 

demeanor and  may  be  proceeded  against  in  the  same  manner 

as  public  officers  may  be  proceeded  against  for  the  like  of- 

fense, under  the  general  laws  of  this  State  now  or  hereafter 

in  force  and  applicable  thereto  ;  and  every  officer  appointed  or 

elected  under  this  act  shall  be  deemed  an  officer  within  the 

meaning  and  provisions  of  such  general  laws  of  the  State. 


ELECTION  LAWS.  153 


CHAPTER  VI. 

ELECTIONS. 

(477)  §  3007.     SECTION  1.     An  annual  city  election  shall  when  annual 
be  held  on  the  first  Monday  in  April  in  each  year,  at  such  behlid?tion l< 
place  or  places  in  each  of  the  several  wards  of  the  city,  as  the 

council  shall  designate. 

(478)  §  3008.     SEC.  2.     Special     elections     may     be     ap- when  and  how 
pointed  by  resolution  of  the  council,  and  held  in  and  for  the  beeraiLe<?.ay 
city,  or  in  and  for  any  ward  thereof,  at  such  times  and  place 

or  places  as  the  council  shall  designate;  the  purpose  and  ob- 
ject of  which  shall  be  fully  set  forth  in  the  resolution  ap- 
pointing such  election. 

(479)  §  3009.     SEC.  3.     Whenever  a  special  election  is  to  Notice  to 
be  held  the  council  shall  cause  to  be  delivered  to  the  inspec-  Son018 ' 
tors  of  election  in  the  ward  or  wards  where  the  same  is  to 

be  held,  a  notice  signed  by  the  city  clerk,  specifying  the  officer 

or  officers  to  be  chosen  and  the  question  or  proposition,  if  any, 

to  be  submitted  to  the  vote  of  the  electors,  and  the  day  and 

place  at  which  such  election  is  to  be  held,  and  the  proceedings  what  to  con- 

and  manner  of  holding  the  election  shall  be  the  same  as  at  the  taln< 

annual  elections. 

(480)  §  3010.     SEC.  4.     Notice  of  the  time  and  place  or  whenand^how 
places  of  holding  any  election  and  of  the  officers  to  be  elected  ^veifby  city 
and  the  questions  to  be  voted  upon,  shall,  except  as  herein  clerk- 
otherwise  provided,  be  given  by  the  city  clerk,  at  least  ten 

days  before  such  election,  by  posting  such  notices  in  three 
public  places  in  each  ward  in  which  the  election  is  to  be  held, 
and  by  publishing  a  copy  thereof  in  one  or  more  newspapers 
published  in  the  city,  the  same  length  of  time  before  the  elec- 
tion, a~nd  in  case  of  a  special  election  the  notice  shall  set 
forth  the  purpose  and  object  of  the  election  as  fully  as  the 
same  are  required  to  be  set  forth  in  the  resolution  appointing 
such  election. 

(481)  §  3011.     SEC.  5.     The    council    shall    provide    and  Ballot-boxes^ 
cause  to  be  kept  by  the  city  clerk,  for  use  at  all  elections,  aSd  iSpt?  e 
suitable  ballot  boxes  of  the  kind  required  by  law  to  be  kept 

and  used  in  townships. 

(482)  §  3012.     SEC.  6.     On  the  day  of  elections,  held  by  when  polls?  to 
virtue  of  this  act,  the  polls  shall  be  opened  in  each  ward,  at  b 

the  several  places  designated  by  the  council,  at  seven  o'clock 
in  the  morning  or  as  soon  thereafter  as  may  be,  and  shall  be 
kept  open  until  five  o'clock  in  the  afternoon,  at  which  hour 
they  shall  be  finally  closed.    The  inspectors  shall  cause  proc-  when  insgct- 
lamation  to  be  made  upon  opening  the  polls,  and  shall  also  proclamation 
cause  proclamation  to  be  made  of  the  closing  of  the  polls,  one  QSSg!** 
hour,  thirty  minutes  and  fifteen  minutes  respectively,  before 
the  closing  thereof. 
20 


154 


STATE  OF  MICHIGAN. 


Who  to  consti- 
tute board  of 
election  in- 
spectors. 


How  to  be 
chosen  when 
vacancy  exists. 


Compensation , 


Who  to  be 
chairman  and 
clerk  of  board. 


Inspectors  of 
state,  county 
and  district 
election. 


Elections, 
manner  of 
conducting. 


Election  com- 
missioners, ap- 
pointment of, 
duties. 


(483)  §  3013.     SBC.  7.     The    supervisor    and    two    alder- 
men of  each  ward  when  eligible  and  one  elector  of  the  ward 
to  be  appointed  by  the  council  shall,  except  as  in  this  act 
otherwise  provided,  constitute  the  board  of  inspectors  of  elec- 
tion.    If  by  reason  of  the  formation  of  new  wards  or  by  a 
change  in  the  boundaries  of  existing  wards  or  the  creation  of 
more  than  one  election  district  therein,  or  for  any  reason 
there  shall  not  be  a  sufficient  number  of  the  officers  last  named 
in  any  ward  or  district  to  make  a  board  of  four  inspectors 
for  each  election  district,  it  shall  be  the  duty  of  the  council, 
at  least  one  week  before  the  election,  to  appoint  a  sufficient 
number  of  inspectors,  who,  with  the  officers  above  named,  if 
any,  residing  in  the  ward  or  election  district  shall  Constitute 
a  board  of  four  inspectors  for  the  ward  or  district,  and  if  at 
any  election  any  of  the  inspectors  above  provided  for  shall 
not  be  present,  or  remain  in  attendance,  the  electors  present 
may  choose,  viva  voce,  such  number  of  electors,  as  with  the  in- 
spector or  inspectors  present  shall  constitute  a  board  of  four 
in  number,  and  such  electors  so  chosen  shall  be  inspectors 
at  that  election,  during  the  continuance  thereof.     Each  in- 
spector of  the  election  shall  receive  two  dollars  per  day  as 
compensation. 

(484)  §  3014.     SEC.  8.     The  inspectors  of  election  in  each 
ward  or  voting  district  shall  choose  one  of  their  number  chair- 
man of  the  board,  and  shall  designate  one  of  their  number  to 
act  as  clerk  of  the  election,  and  another  of  their  number  to 
act  as  second  clerk,  and  each  person  chosen  or  appointed  as 
inspector   of  election   shall   take  the   constitutional   oath  of 
office,  which  oath  either  of  the  inspectors  may  administer. 

(485)  §  3015.     SEC.  9.     The    inspectors    of    election,    as 
specified  in  the  last  two  sections,  shall  also  be  inspectors  of 
State,  county  and  district  elections  in  their  respective  wards 
or  voting  districts. 

(486)  §  3016.     SEC.  10.     All  elections  held  under  the  pro- 
visions of  this  act,  shall  be  conducted,  as  nearly  as  may  be, 
in  the  manner  provided  by  law  for  holding  general  elections 
in  the  State,  except  as  herein  otherwise  provided;  and  the 
inspectors  of  such  elections  shall  have  the  same  powers  and 
authority  for  the  preservation  of  order,   and  for  enforcing 
obedience  to  their  lawful  commands  during  the  time  of  hold- 
ing the  election  and  the  canvass  of  the  votes,  as  are  conferred 
by  law  upon  inspectors  of  general  elections  held  in  this  State. 

(487)  §  3017.     SEC.  11.     The  council  shall,   at   least  ten 
days  previous  to  any  election,  appoint  a  board  of  three  elec- 
tion commissioners,  not  more  than  two  of  whom  shall  belong 
to  the  same  political  party,  who  shall  be  the  board  of  elec- 
tion commissioners  for  such  city  for  such  election,  and  they 
shall  perform   such  duties  relative  to  the   preparation  and 
printing  of  ballots  as  are  required  by  law  of  the  boards  of 
election  commissioners  of  counties. 


ELECTION  LAWS.  155 


(488)  §  3018.     SEC.  12.     The  electors  shall  vote  by  ballot.  Electors  to 
Such  ballot  shall  be  prepared  and  furnished  by  the  board  of  vot( 
election   commissioners  as  provided  by  the  general  election 

laws  of  the  State,  and  shall  contain  the  names  of  all  officers 
to  be  veted  for,  and  all  questions  or  propositions  submitted 
to  be  voted  upon,  and  all  matters  touching  the  form  and  con- 
tents of  the  ballot  and  the  casting  and  canvassing  of  the 
same,  and  all  other  matters  touching  elections  shall  be  gov- 
erned by  the  general  election  laws  of  the  State,  when  not 
inconsistent  with  the  provisions  of  this  act. 

See  notes  to  general  election  law,  sections  94  et  seque. 

(489)  §  3019.     SEC.  13.     The    council    shall    convene    on  council  to 
Thursday  next  succeeding  each  election,  at  their  usual  place  termine  resStt 
of  meeting,  and  determine  the  result  of  the  election  upon  each  of  electlon- 
question  and  proposition  voted  upon,  and  what  persons  are 

duly 'elected  at  the  said  election  to  the  several  offices  respec- 
tively; and,  thereupon,  the  city  clerk  shall  make  duplicate 
certificates,  under  the  corporate  seal  of  the  city,  of  such  deter- 
mination, showing  the  result  of  the  election  upon  any  ques- 
tion or  proposition  voted  upon,  and  what  persons  are  declared 
elected  to  the  several  offices  respectively ;  one  of  which  cer-  certificate  of 
tificates  he  shall  file  in  the  office  of  the  county  clerk,  in  the  el( 
county  in  which  the  city  is  located,  and  the  other  shall  be 
filed  in  the  office  of  the  city  clerk. 

(490)  §  3020.     SEC.  14.     The  person  receiving  the  great-  who  to  be 
est  number  of  votes  for  any  office  in  the  city  or  wards,  shall  eSSted. 

be  deemed  to  have  been  duly  elected  to  such  office ;  and  if  in  case  of  tie 
there  shall  be  no  choice  for  any  office  by  reason  of  two  or  v( 
more  candidates  having  received  an  equal  number  of  votes, 
the  council  shall,  at  the  meeting  mentioned  in  the  preceding 
section,  determine  by  lot  between  such  persons  which  shall 
be  considered  elected  to  such  office. 

(491)  §  3021.     SEC.  15.     It  shall  be  the  duty  of  the  city  cierk  to  notifv 
clerk,  within  five  days  after  the  meeting  and  determination  of 

the  council,  as  provided  in  section  thirteen,  to  notify  each 
person  elected,  in  writing,  of  his  election;  and  he  shall  also, 
within  five  days  after  the  appointment  of  any  person  to  any 
office,  in  like  manner  notify  such  person  of  such  appointment. 

(492)  §  3022.     SEC.  16.     Within  one  week  after  the  ex- 
piration  of  the  time  in  which  any  official  bond  or  oath  of  office  ^  notice, 
is  required  to  be  filed,  the  city  clerk  shall  report  in  writing, 

to  the  council,  the  names  of  the  persons  elected  or  appointed 
to  any  office,  who  shall  have  neglected  to  file  such  oath  and 
requisite  bond  or  security  for  the  performance  of  the  duties 
of  the  office. 


156 


STATE  OF  MICHIGAN. 


CHAPTER  XXXIII. 

MISCELLANEOUS. 

Certain  cities  (493)  §  3358.  SECTION  1.  All  cities  heretofore  incor- 
Sy  generaUaw,  porated  under  any  general  or  special  law  of  this  State,  and 
having  a  population  of  ten  thousand  or  less,  according  to  the 
last  preceding  census,  are  hereby  reincorporated  under  and 
made  subject  to  the  provisions  of  this  act,  as  cities  of  the 
fourth  class,  such  reincorporation  to  take  effect  on  the  first 
day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  ninety-six,  and  all  acts  by  virtue  of  which  such  cities 
have  been  incorporated  are  hereby  repealed  from  and  after 
the  said  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  ninety-six,  except  as  hereinafter  in 
Proviso  as  to  this  section  provided  :  Provided  however,  That  whenever 
fifty  or  more  of  the  qualified  voters  of  any  city  hereinbefore 
described  as  a  city  of  the  fourth  class,  which  has  been  incor- 
porated under  a  special  act  of  the  legislature,  shall  file  with 
the  council  thereof,  on  or  before  the  first  day  of  November, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  ninety- 
five,  a  petition  praying  that  an  election  of  the  qualified  voters 
of  such  city  be  called  to  determine  the  question  as  to  whether 
such  city  shall  remain  incorporated  under  the  special  act 
under  which  it  was  incorporated  and  by  which  it  is  governed 
at  the  time  of  the  filing  of  such  petition,  or  whether  it  shall 
become  subject  to  the  provisions  of  this  act,  thereupon  it 
shall  be  the  duty  of  such  council,  within  ten  days  after  the 
filing  of  such  petition,  to  call  a  special  election  of  the  qualified 
voters  of  such  city  to  determine  such  question.  If  a  majority 
of  all  the  votes  cast  at  such  election  are  in  favor  of  remain- 
ing incorporated  under  such  special  act  by  which  such  city 
is  governed  at  the  time  of  the  filing  of  such  petition,  then 
such  city  shall  not  be  reincorporated  under  the  provisions  of 
this  act,  but  shall  remain  incorporated  under  such  special 
act,  which  shall  remain  in  full  force  and  effect  as  if  this  law 
had  not  been  enacted:  Provided  further,  That  any  city  of 
this  State,  when  the  population  thereof  is  ten  thousand  or 
less,  according  to  the  last  preceding  State  census  even  though 
the  voters  of  said  city  have  theretofore  elected  to  remain  in- 
corporated under  the  special  act  governing  such  city,  may 
at  any  time  thereafter  be  incorporated  under  and  made  sub- 
ject to  the  provisions  of  this  act  and  the  act  of  which  this 
act  is  amendatory,  as  a  city  of  the  fourth  class  as  follows: 
When  one  hundred  or  more  freeholders  residing  wTithin  such 
city  shall  file  with  the  council  thereof,  on  or  before  the  first 
day  of  July  in  any  year,  a  petition  praying  that  an  election 
of  the  qualified  voters  of  such  city  be  called  to  determine  the 
question  as  to  whether  such  city  shall  become  incorporated 
as  a  city  of  the  fourth  class  under  this  act  being  act  number 
two  hundred  fifteen  of  the  public  acts  of  this  State  for  the 


Further  pro- 


ELECTION  LAWS.  157 


year  A.  D.  eighteen  hundred  ninety-five,  then  it  shall  be  the 
duty  of  the  council  within  ten  days  after  the  filing  of  such 
petition  to  call  a  special  election  of  the  qualified  voters  of 
such   city  to  determine   such  question.     Any    election    held  Election 
under  the  provisions  of  this  chapter  shall  be  held  upon  such  when  h< 
da}',  and  at  such  time  and  in  such  places  in  said  city  as  may 
be  designated  by  a  resolution  of  the  council :    Provided,  That  Proviso. 
the  same  shall  be  held  on  or  before  the  first  day  of  December 
in  the  year  in  which  the  petition  as  above  provided  is  filed. 
Notice  of  such  election  shall  be  given  in  the  same  manner  and  Notice  of 
for  the  same  length  of  time  as  is  provided  in  the  charter  of  el< 
such  city  for  the  calling  of  special  elections,  and  the  votes 
shall   be   counted   and   canvassed,   and  the  returns   shall   be 
made,  and  the  result  declared  and  determined  in  the  same 
manner  as  is  provided  in  such  charter  for  the  counting,  can- 
vassing and  returning  of  votes,  and  the  determining  of  the 
result  thereof  at  special  elections.    Xo  new  registration  shall  New  registra- 
be  necessary  for  the  holding  of  such  election,  and  only  those  sary  n° 
whose  names  shall  appear  in  the  registration  books  used  at 
the  next  previous  annual  city  election  shall  be  entitled  to 
vote  at  such  election.    The  ballots  used  at  such  election  shall 
contain  the  instructions  required  by  the  general  election  laws 
of  the  State,  and  the  proposition  to  be  submitted  shall  be  in 
the  following  language: 

For    becoming    reincorporated    under  the    general    law — Form  of  ballot. 
Yes.   [  ] 

For    becoming    reincorporated    under    the    general    law — 
Xo.  [  ] 

If  a  majority  of  the  votes  cast  at  such  election  shall  be  in  Vote  required 
favor  of  reincorporating  under  the  provisions  of  this  act,  then  incorporated*." 
such  city  shall  become  reincorporated  under  and  made  subject 
to  the  provisions  of  this  act  on  the  first  day  of  January  in  the 
year   following   such   special   election.     At  the  next   regular  Duty  of  the 
meeting  the  council  shall,  by  a  resolution  to  be  entered  in  the  counal- 
record  of  their  proceedings,  recite  that  at  said  election,  stat- 
ing the  date  thereof,  the  question  as  to  whether  said  city 
should  be  reincorporated  as  a  city  of  the  fourth  class  under 
the  provisions  of  this  act  was  submitted  to  a  vote  of  the 
electors  of  the  city,  and  that  a  majority  of  those  voting  upon     . 
the  question,  voted  for  reincorporation,  and  shall  in  the  reso- 
lution declare  that,  in  accordance  with  said  vote,  the  said 
city  shall  be  and  is  reincorporated  as  a  city  of  the  fourth 
class;  the  clerk  of  the  city  shall  record  the  same  in  the  record  cierk  to  make 
of  the  proceedings  of  the  council  and  shall  make  a  copy  of  so  £?  proceedings! 
much  of  the  record  of  the  proceedings  of  the  meeting  at  which 
the  same  was  adopted  as  may  be  necessary  to  show  the  time 
and  place  of  holding  such  meeting,  and  the  names  of  the  mem- 
bers of  the  council  who  were  present,  and  the  passage  of  said 
resolution,  including  a  true  copy  thereof.     To  said  copy  the  cierk  and 
clerk  and  the  mayor  of  the  city  shall  annex  their  certificate, 
under  the  corporate  seal  of  the  city  showing  the  same  to  be 


158 


STATE  OF  MICHIGAN. 


a  true  copy  of  said  record,  which  said  certified  copy  of  the 
record  and  resolution  aforesaid  shall  be  designated  as  a  "dec- 
laration of  reincorporation"  and  shall  be  transmitted  to,  and 
filed  and  recorded  in  the  office  of  the  Secretary  of  State,  and 
the  declaration  of  reincorporation  filed  in  the  office  of  the 
.Secretary  of  State,  or  the  records  thereof,  or  certified  copies 
of  such  records  shall  be  prima  facie  evidence  of  the  due  and 
legal  reincorporation  of  such  city  as  a  city  of  the  fourth  class 
under  the  provisions  of  this  act. 

Am.  1899,  act  136. 


When  filed. 


Evidence  of 
reincorpora- 
tion. 


First  election 
of  officers  in- 
corporated un- 
der this  act. 


(494)  §  3364.  SEC.  7.  The  first  election  of  officers  for  any 
such  city  reincorporated  under  the  provisions  of  this  act  shall 
be  held  on  the  first  Monday  in  April,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  ninety-six,  and  notice  thereof 
and  of  the  officers  to  be  elected  thereat  shall  be  given  and  the 
election  held  and  conducted,  the  votes  canvassed,  the  result 
determined  and  notice*  given  to  persons  elected  in  the  same 
manner  and  within  the  same  time  as  herein  provided. 


ELECTIONS  IN  VILLAGES. 


When  board  of 
supervisors  to 
declare  village 
incorporated. 


Time  of  hold- 
ing first  elec- 
tion. 


Meeting  of 
board  of  reg- 
istration. 


[Extract   from    Act   3   of    1895.] 

(495)  §  2692.  SEC.  9.  If  such  board,  after  hearing  the 
parties,  shall  be  satisfied  that  all  the  requirements  of  this  act 
in  respect  to  such  application  have  been  complied  with,  and 
that  such  territory  as  determined  upon  contains  the  population 
required  by  this  act,  it  may  make  an  order  declaring  that 
such  territory  as  determined  upon  shall  be  an  incorporated 
village,  by  the  name  specified  in  such  application,  or  by  such 
other  name  as  to  such  board  shall  seem  proper;  and  said  board 
shall  in  such  order  appoint  the  time  and  place  of  holding  the 
first  election;  and  shall  also  appoint  four  discreet  persons, 
residents  of  such  territory  and  qualified  electors  therein,  who 
shall  constitute  a  board  of  registration  for  said  first  election 
to  be  held  in  said  village,  and  who  shall  also  act  as  inspectors 
of  election  at  said  first  election.  The  said  board  of  registra- 
tion shall  meet  on  the  Saturday  next  preceding  said  first 
election,  and  shall  remain  in  session  the  same  hours  required 
of  boards  of  registration  for  general  elections,  and  register 
the  names  of  all  persons  residents  of  said  village,  presenting 
themselves  for  registration,  and  having  the  qualifications  of 
voters  at  annual  township  meetings,  due  notice  of  the  time 
and  place  of  which  registration  shall  be  given  by  said  board, 
by  posting  notices  thereof  in  five  public  places  in  said  village, 
at  least  ten  days  previous  to  said  meeting.  Such  application 
and  affidavit  verifying  the  same,  with  copy  of  notice  of  hear- 


ELECTION  LAWS.  159 


ing  and  proof  of  the  posting  or  publishing  of  the  same,  and 
all  the  proceedings  of  such  board  of  supervisors  touching  such 
incorporation  shall  be  entered  upon  the  records  of  said  board, 
and  all  papers  relating  thereto  shall  be  filed  with  the  county 
clerk  of  the  county  in  which  such  proceedings  are  had  and 
taken,  and  the  county  clerk  of  said  county  shall  thereupon 
transmit  a  certified  copy  of  such  order  of  incorporation  to  the 
secretary  of  state,  who  shall  file  and  record  the  same  in  his 
office.   The  original  order  of  incorporation,  or  a  certified  copy  Order  of  in- 
thereof  by  the  county  clerk  of  such  county  or  a  certified  copy  bHfed^th 
of  the  copy  thereof  on  file  in  the  office  of  the  secretary  of  state,  stS?ary  °f 
by  the  secretary  of  state,  shall  be  prima  facie  evidence  of  such 
incorporation  and  of  the  regularity  thereof  in  all  courts  and 
places. 

Am.  1901,  act  33. 

For   proceedings   relative   to   incorporation   of   villages,    see   sections   2684-91, 
C.   L.,   1897. 

(496)  §2693.     SEC.  10.     The     inspectors     so     appointed  Notice  to  be 
shall  give  notice  of  the  time  and  place  of  holding  such  elec- 

tion  and  the  officers  to  be  elected  at  such  election,  by  posting 
up  written  or  printed  notices  thereof  in  at  least  five  public 
places  in  such  territory,  at  least  three  weeks  previous  to  the 
day  appointed  for  holding  the  same,  or  by  publishing  the 
same  in  some  newspaper  printed  in  such  territory  for  three 
successive  weeks  immediately  preceding  the  time  aforesaid. 
At  such  election  the  polls  shall  be  opened  at  seven  o'clock  in 
the  forenoon  and  shall  close  at  five  o'clock  in  the  afternoon. 

(497)  §  2694.     SEC.  11.     Every  elector  residing  in   such 
territory,  and  qualified  to  vote  for  township  officers  in  the  nrct™eS?on*. 
township  in  which  such  territory  or  some  part  thereof  may 

be  situate,  may  vote  at  all  elections  in  said  village,  and  all 
the  laws  of  this  State  in  relation  to  the  election  of  township 
officers,  canvass  of  votes,  certifying  the  election  of  officers, 
and  notifying  them  of  their  election,  shall  apply  to  such  first 
election  of  officers  in  such  village,  so  far  as  the  same  may  be 
applicable  and  not  inconsistent  with  the  provisions  of  this 
act. 

QUALIFICATION  OF  ELECTORS:      See  sections  31,   59  and  notes. 

(498)  §  2697.     SEC.  14.     After  the  first  election  the  clerk  who  to  const* 
and  two  of  the  trustees,  to  be  appointed  each  year  by  the 
council,  shall  be  the  village  board  of  registration.     On  the 
Saturday  previous  to  the  day  of  holding  any  annual  or  special 
election,  and  on  any  other  days  that  the  council  may  appoint, 

the  board  shall  be  in  session  from  nine  o'clock  in  the  morning 
until  eight  o'clock  in  the  afternoon,  for  the  purpose  of  com- 
pleting the  registration  of  the  electors  of  the  village;  and 
in  case  of  the  absence  of  said  clerk,  or  of  either  of  the  trustees 
so  appointed,  those  who  shall  be  in  attendance  are  author- 
ized to  appoint  some  competent  person  to  fill  the  vacancy 
occasioned  by  such  absence.  Notice  .of  the  time  and  place  of 


160  STATE  OF  MICHIGAN. 


holding  such  meeting  shall  be  given  with  the  notice  of  said 
election.  The  members  of  the  board  of  registration  shall  each 
receive  two  dollars  per  day  as  compensation. 

Registration  (499)  §  2698.  SEC.  15.  In  making  and  completing  any 
with°?egSra-  such  registration,  the  board  shall  proceed  in  the  same  man- 
ner  and  conform  to  the  same  rules,  as  near  as  may  be,  as  are 
provided  by  law  for  registering  electors  in  townships. 


CHAPTER  II. 

OFFICERS. 

vma  eoffi-  (500)      §  2699.     SECTION  1.     In  each  village  the   following 

cers.  officers  shall  be  elected,  viz.,   a  president,  six  trustees,  one 

clerk,  one  treasurer,  who  shall  be  ex  officio  collector,  and  one 
assessor.  The  president  and  trustees  shall  constitute  the  vil- 
lage council. 

Term  of  office  (501^  §  2702>  SBC<  4'  The  President<  clerk<  treasurer 
e'  and  assessor  shall  hold  their  respective  offices  for  the  term  of 

one  year  from  the  second  Monday  of  March  of  the  year  when 

elected,  and  until  their  successors  are  elected  and  qualified 
Proviso  anc*  en^er  uPon  the  duties  of  their  offices :  Provided,  That 

no  person  shall  be  eligible  to  the  office  of  treasurer  for  more 

than  two  successive  terms. 

Village  of  Laurium  v.  Mills,   129  /  537. 

Termoftrus-  (502)  §  2703.  SEC.  5.  The  trustees  shall  hold  their 
tees  of  village.  ofgces  for  the  term  of  two  years  from  the  second  Monday  in 
March  of  the  year  when  elected  and  until  their  successors 
are  qualified  and  enter  upon  the  duties  of  their  offices;  except 
that  at  the  first  election  held  in  any  village  incorporated  sub- 
ject to  the  provisions  of  this  act,  six  trustees  shall  be  elected, 
three  for  the  term  of  one  year  and  three  for  the  term  of  two 
years  from  the  second  Monday  of  March  in  the  year  when 
elected,  and  annually  thereafter  three  trustees  shall  be  elected 
for  the  term  of  two  years. 

Term  of  ap-  (503)  §  2704.  SEC.  6.  All  appointive  officers,  except  offi- 
cers!11™ °ffi"  cers  appointed  to  fill  vacancies  in  elective  offices,  shall  hold 
their  respective  offices  until  the  second  Monday  of  April  next 
after  such 'appointment,  and  until  their  successors  are  quali- 
fied and  enter  upon  the  duties  of  their  offices,  unless  a  differ- 
ent term  of  office  shall  be  prescribed  in  this  act,  or  in  the 
ordinance  or  resolution  creating  the  office.  Officers  appointed 
to  fill  vacancies  shall  hold  their  office  until  the  next  annual 
election,  and  until  their  successors  are  elected  or  appointed 
and  qualified.  All  persons  elected  or  appointed  to  office  shall 
enter  upon  the  duties  thereof,  upon  taking  the  oath  of  office 
and  filing  the  requisite  security,  if  any  is  required  of  them. 


ELECTION  LAWS.  161 


(504)  §  2705.  SEC.  7.  No  person  shall  be  elected  or  ap- Qualification 
pointed  to  any  office  unless  he  shall  be  an  elector  of  the  vil- for  office- 
lage.  And  no  person  shall  be  elected  or  appointed  to  any 
office  in  the  village  who  has  been  or  is  a  defaulter  to  the  vil- 
lage or  to  any  board  of  officers  thereof,  or  to  any  school  dis- 
trict, county  or  other  municipal  corporation  of  the  State.  All 
votes  for  or  any  appointment  of  any  such  defaulter  shall  be 
void.  All  officers  of  the  village,  elected  or  appointed,  shall 
take  and  subscribe  the  oath  of  office  prescribed  by  the  con- 
stitution of  the  State,  and  file  the  same  with  the  clerk,  and 
in  case  of  failure  to  do  so,  within  ten  days  after  receiving 
notice  of  their  election  or  appointment,  shall  be  deemed  to 
have  declined  the  office. 


CHAPTER  III. 

ELECTIONS. 

(505)  §  2714.     SECTION  1.     After    the    first    election    an  Annual 
annual  election  of  officers  shall  be  held  on  the  second  Monday  electlon- 
in  March  in  each  year,  at  such  place  in  the  village  as  the  coun- 
cil shall  designate. 

(506)  §  2715.     SEC.  2.     Special     elections    may    be    ap-  Special 
pointed  by  resolution  of  the  council,  and  held  at  such  times  e ' 

as  they  shall  determine,  the  purpose  and  object  of  which  shall 
be  fully  set  forth  in  the  resolution  appointing  such  election. 

(507)  §  2716.     SEC.  3.     The  president  and  clerk,  and  two  Who  to  be 
of  the  trustees,  or  any  four  of  the  trustees,  to  be  appointed  SlcSoi?.™ c 
by  the  council,  shall  be  the  inspectors  of  election.    The  presi- 
dent, when  present,  shall  be  chairman  of  the  board  of  election 
inspectors,  and  the  clerk,  if  present,  shall  act  as  clerk  of  the 
election,  and  the  inspectors  shall  appoint  one  of  their  num- 
ber to  act  as  second  clerk.    In  case  four  of  the  inspectors  do 

not  attend  at  the  opening  of  the  polls,  or  shall  not  remain  in 
attendance,  such  vacancy  shall  be  filled  as  provided  by  the 
general  election  laws  of  the  State,  and  in  case  either  the  presi- 
dent or  clerk,  or  both  of  them,  are  absent,  the  inspectors  shall 
designate  from  their  number  a  chairman  and  a  clerk.     Each  Compensation 
Inspector  of  election  shall  receive  as  compensation  two  dol-  of 
lars  per  day. 

People  v.  Avery,  102  /  573. 

(508)  §  2717.     SEC.  4.     Notice  of  the.  time  and  place  of  Notice  .of  time 
holding  any  election,  and  of  the  officers  to  be  elected,  and  the  2iect°ionnto  be 
questions  to  be  voted  upon,  shall,  except  as  herein  otherwise  Published- 
provided,  be  given  by  the  clerk,  at  least  eight  days  before  such 
election,  by  posting  such  notices  in  three  public  places  in  the 

village,  and  by  publishing  a  copy  thereof  in  a  newspaper  in 
21 


162 


STATE  OF  MICHIGAN. 


Council  to  ap- 
point board  of 
election  com- 
missioners. 


Opening  and 
closing  of 
polls. 


the  village,  if  any  is  published  therein,  the  same  length  of 
time  before  the  election ;  and  in  case  of  a  special  election,  the 
notice  shall  set  forth  the  purpose  and  object  of  the  election  as 
fully  as  the  same  are  required  to  be  set  forth  in  the  resolution 
appointing  such  election. 

Highland   Park  v.   McAlpine,    117/668. 

(509)  §  2718.     SEC.  5.     The   council    shall,   at    least    ten 
days- previous  to  any  election,  appoint  a  board  of  three  elec- 
tion commissioners,  not  more  than  two  of  whom  shall  belong 
to  the  same  political  party,  who  shall  be  the  board  of  election 
commissioners  for  such  village  for  such  election,   and  they 
shall   perform   such  duties   relative  to  the  preparation  and 
printing  of  ballots  as  are  required  by  law  of  the  boards  of 
election  commissioners  of  counties.     The  council  shall*  also 
provide  and  cause  to  be  kept  by  the  clerk,  for  use  at  all  elec- 
tions, suitable  ballot  boxes  of  the  kind  required  by  law  to 
be  kept  and  used  in  townships. 

(510)  §  2719.     SEC.  6.     On  the  day  of  elections,  the  polls 
shall  be  opened  at  seven  o'clock  in  the  morning,  or  as  soon 
thereafter  as  may  be,  and  shall  be  kept  open  until  five  o'clock 
in  the  afternoon,  at  which  hour  they  shall  be  finally  closed. 
The  inspectors   shall   cause  proclamation   to  be  made  upon 
opening  the  polls,  and  shall  also  cause  proclamation  to  be 
made  of  the  closing  of  the  polls,  one  hour,  thirty  minutes, 
and  fifteen  minutes,  respectively,  before  the  closing  thereof. 

(511)  §  2720.     SEC.  7.     All  elections  in  said  village  shall 
be  conducted  as  nearly  as  may  be  in  the  manner  provided  by 
law  for  holding  general  elections  in  the  State,  except  as  here- 
in otherwise  provided;  and  the  inspectors  of  such  election 
shall  have  the  same  powers  and  authority  for  the  preservation 
of  order,  and  for  enforcing  obedience  to  their  lawful  com- 
mands during  the  time  of  holding  the  election  and  the  can- 
vass of  the  votes,  as  are  conferred  by  law  upon  inspectors  of 
general  elections  held  in  this  State.    If  at  any  election  vacan- 
cies are  to  be  filled,  or  if  any  person  is  to  be  elected  for  less 
than  a  full  term  of  office,  the  terra  shall  be  designated  on  the 
ballot. 

See  notes  to  sections  of  the  general  election  law,  sections  94  et  seque. 

(512.)  §  2721.  SEC.  8.  Immediately  after  closing  the 
polls,  the  inspectors  of  election  shall,  without  adjourning,  pub- 
licly canvass  the  votes  received  by  them,  and  declare  the  re- 
sults, and  shall  on  the  same  day  or  the  next  day  make  a  state- 
ment in  writing,  setting  forth  in  words  at  full  length,  the 
whole  number  of  votes  given  for  each  office,  the  names  of  the 
persons  for  whom  such  votes  for  each  office  were  given,  and  the 
number  of  votes  so  given  for  each  person,  and  the  whole  num- 
ber of  votes  given  upon  each  question  voted  upon,  and  the 
number  of  votes  for  and  against  the  same,  which  statement 
shall  be  certified  under  the  hands  of  the  inspectors  to  be  cor- 


Manner  of 
conducting 
elections. 


Canvass  of 
votes  to  be 
public. 


ELECTION  LAWS.  163 


rect,  and  they  shall  deposit  such  statement  and  certificate  on  certificate  of 
the  day  of  election,  or  on  the  next  day,  together  with  said  poll  election- 
lists,  and  the  register  of  electors,  and  the  boxes  containing 
said  ballots  in  the  office  of  the  village  clerk.    The  manner  of 
canvassing  said  votes  shall  be  the  same  as  prescribed  by  law 
for  canvassing  votes  at  general  elections  held  in  this  State, 
and  the  inspectors  shall  in  all  other  respects,  except  as  here- 
in otherwise  provided,  conform  as  nearly  as  may  be  to  the 
duties  required  of  inspectors  of  election  at  general  elections. 

(513)      §  2722.     SBC.  9.     The    council    shall    convene    on  Council  to  de- 


Thursday  next  succeeding  each  election,  at  their  usual  place 


of  meeting,  and  determine  the  result  of  the  election  upon  each 
question  and  proposition  voted  upon,  and  what  persons  were 
duly  elected  at  the  said  election  to  the  several  offices  re- 
spectively; and  thereupon  the  clerk  shall  make  duplicate  cer- 
tificates of  such  determination,  showing  the  result  of  the  elec- 
tion upon  any  question  or  proposition  voted  upon,  and  what 
persons  are  declared  elected  to  the  several  offices  respectively  ; 
one  of  which  certificates  he  shall  file  in  the  office  of  the  'county 
clerk  of  the  county  in  which  the  village  is  located,  and  the 
other  shall  be  filed  in  the  office  of  the  village  clerk. 

(514)  §  2723.     SEC.  10.     If  there  shall  be  no  choice  for  in  case  of  tie 
any  office  by  reason  of  two  or  more  candidates  having  received  determine  by 
an  equal  number  of  votes,  the  council  shall  at  the  meeting  lot- 
mentioned  in  the  preceding  section,  determine  by  lot  between 

such  persons  which  shall  be  considered  elected  to  such  office. 

(515)  §  2724.     SEC.  11.     It  shall  be  the  duty  of  the  clerk,  village  clerk 
within  five  days  after  the  meeting  and  determination  of  the  sonTeiectedf" 
council,  as  provided  in  this  chapter,  to  notify  each  person 
elected,  in  writing,  of  his  election;  and  he  shall  also,  within 

five  days  after  the  appointment  of  any  person  to  any  office,  in 
like  manner  notify  such  person  of  the  appointment. 

(516)  §  2725.     SEC.  12.     Within  one  week  after  the  ex-  caerk  to  report 
piration  of  the  time  in  which  any  official  bond  or  oath  of  cersJto  ffle° 
office  is  required  to  be  filed,  the  clerk  shall  report  in  writing  oath  or  bon(1 
to  the  council  the  names  of  all  persons  elected  or  appointed  to 

any  office,  who  shall  have  neglected  to  file  such  oath  or  bond. 

(517)  §  2726.     SEC.  13.     The  council  of  any  village  hav-  ggf^0^1' 
ing  more  than  six  hundred  and  fifty  electors  according  to  the  ing  precincts. 
poll  list  of  the  last  preceding  election,  may  cause  such  vil- 

lage to  be  divided  into  two  or  more'  voting  precincts,  and  the 
manner  of  making  such  division,  the  registration,  and  holding 
of  elections  and  of  canvassing  the  votes,  and  all  other  matters 
pertaining  to  the  division  of  villages  into  voting  precincts, 
and  of  the  holding  of  elections  therein,  shall  be  governed  by 
the  general  laws  of  the  State  relating  thereto. 


164 


STATE  OF  MICHIGAN. 


CHAPTER  XIII.— MISCELLANEOUS. 


Voting  ma- 
chines, who 
shall  author- 
ize the  use  of. 


Voting,  how 
done. 


Assisting  dis- 
abled, etc. 


To  test  ma- 


properly  pac- 


VOTING  MACHINES. 

An  Act  to  authorize  the  use  of  any  thoroughly   tested  and  reliable  voting 
machine  at  any  election  held  in  this  State. 

[Act  61  of  1897,  as  amended.] 

The  People  of  the  State  of  Michigan  enact: 

(518)  §  3750.     SECTION  1.     That    the    board     of    super- 
visors of  any  county  may  at  their  annual  meeting  by  a  two- 
thirds  vote,  authorize  the  use  of  any  thoroughly  tested  and 
reliable  voting  machine  at  any  township  election,  to  be  held 
within  their  respective  counties,  during  the  ensuing  year  after 
such  annual  meeting,  and  any  city  council,  or  village  coun- 
cil, may  at  any  regular  meeting  authorize  the  use  of  such  vot- 
ing machines  at  any  election  to  be  held  within  their  respective 
cities  or  incorporated  villages  during  the  ensuing  year,  but 
all  voting  by  machines  shall  be  a  secret  vote,  as  hereinafter 
provided. 

The  acts  relative  to  the  use  of  the  "Rhines  Vote  Recorder,"  "Myers  Bal- 
lot Machine"  and  the  "Abbott  Voting  Machine,"  are  omitted  from  this  com- 
pilation, see  sections  3759-3823,  C.  L.,  1897. 

(519)  §  3751.     SEC.  2.     All  voting  shall  be  done  in  vot- 
ing booths  or  compartments  of  suitable  dimensions  to  enclose 
one  voter  with  a  voting  machine  in  such  a  manner  as  to  ensure 
a  secret  vote,  providing  that  if  any  voter  makes  affidavit  that 
he  is  unable  to  vote  intelligently  on  account  of  defective  eye- 
sight,  or  other  physical   disability,   or  from   ignorance,   the 
chairman  of  the  board  of  election  inspectors  shall  designate 
an  inspector,   who  in  the  presence  of  the  authorized   chal- 
lengers or  other  inspectors  shall  assist  a  physically  disabled 
voter,  or  instruct  a  voter  who  cannot  read  the  ballot,  how  to 
operate  the  machine  to  give  expression  to  such  voter's  choice, 
but  in  no  case  shall  any  such  voter  be  advised  what  person  or 
party  ticket  to  vote  for,  that  question  being  left  solely  for  the 
voter's  own  choice  and  determination.    Whenever  a  voter  has 
been  assisted  or  instructed  as  indicated,  a  notation  to  that 
effect  shall  be  made  in  the  poll  book,  or  register  of  electors, 
and  on  the  poll  list  and  tally  sheets  stating  briefly  the  nature 
of  the  disability  of  such  voter. 

(520)  §  3752.     SEC.  3.     The  board    of    election    commis- 
sioners  shall  thoroughly  test  all  voting  machines  within  thirty 
days  previous  to  any  election  at  which  the  use  of  such  ma- 
chines  has  been   authorized.     They   shall   also   see  that  the 
names  of  all  duly  authorized  nominees  for  office  are  suitably 
placed  and  arranged  in  connection  with  the  voting  machines 


ELECTION  LAWS.  165 


and  deliver  the  voting  machines  and  all  their  appurtenances 
connected  with  them  in  perfect  order  for  use  in  voting,  to- 
gether with  full  instructions  for  the  voters'  information,  to 
the  proper  officials  in  time  for  use  on  election  day. 

(521)  §  3753.     SEC.  4.     The  board  of  inspectors  of  elec-  instructions 
tion  will  place  plain  printed  or  written  instructions  for  voters  }£  boothaced 
in  each  voting  booth,  or  compartment  before  the  opening  of 

the  polls,  showing  how  to  vote  on  the  machine  and  will  give 
general  oral  instructions  previous  to  a  voter's  entering  a 
voting  booth,  to  such  v.oters  as  may  desire  them.  They  will 
also  determine  what  length  of  time  not  to  exceed  three  min- 
utes a  voter  may  remain  in  a  voting  booth  or  compartment. 

(522)  §  3754.     SEC.  5.     An  ordinary  ballot  box  shall  be  Ballot  on 
provided  for  use  in  each  voting  precinct,  wherein  shall  be 

cast  duly  authorized  ballots  relating  to  any  question  or  mat- for- 
ter  not  provided  for  by  the  voting  machine,  if  any,  and  such 
votes  shall  be  counted  and  returns  made  as  provided  by  ex- 
isting laws. 

(523)  §  3755.     SEC.  6.     Whenever  the  use  of  voting  ma-  Board  of  regia- 
chines  has  been  duly  authorized  in  any  city,  village  or  town-  pXiHper£x" 
ship,  one  such  voting  machine  shall  be  placed  in  each  voting  £g!Jeof  ma' 
precinct,  whenever  and  wherever  a  board  of  registration  is  in 

session  and  some  member  of  such  board  will  call  the  atten- 
tion of  voters  who  are  entitled  to  registration,  to  such  voting 
machine  and  explain  how  it  will  operate  when  used  on  elec- 
tion day,  to  all  such  voters,  if  they  express  a  desire  for.  such 
information. 

(524)  §  3756.     SEC.  7.     At  the  close  of  the  polls  a  state- Board  to  as- 
ment  of  the  votes  for  each  and  every  person  and  proposition 

as  shown  by  the  voting  machine  shall  be  ascertained  and  pub-  ^ 
licly  proclaimed  by  the  board  of  election  inspectors  -and  cor-  ing. 
rect  copies  of  the  result  of  the  vote  shall  be  made  up  in  proper 
form  and  transmitted,  to  the  designated  officials  as  required 
by  existing  laws,  but  no  adjournment  of  any  board  of  elec- 
tion inspectors  shall  take  place  until  the  true  result  of  the 
vote  has  been  ascertained  and  publicly  announced. 

(525)  §  3757.     SEC.  8.   Any  person  who  shall  knowingly  Damaging  or 
and  willingly  damage  any  voting  machine  or  knowingly  and  Jsfffma? 
willingly  do  anything  to  obstruct  its  use  or  make  a  wrong  chines- 
use  of  such  machine  on  election  day,  or  shall  violate  any  of 

the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor and  on  conviction  thereof  shall  be  punished  by  a  fine  penalty  for- 
of  not  less  than  one  hundred  dollars  nor  more  than  three  hun- 
dred dollars,  or  by  imprisonment  of  not  less  than  six  months, 
nor  more  than  three  years  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court. 

(526)  §  3758.     SEC.  9.     All  election  laws  not  incompati- Laws  in  force, 
ble  with  this  act  are  continued  in  full  force  and  -effect. 

(527)  SEC.  10.     Voting  machines  provided  for  in  this  act,  Relative  to 
shall  be  so  constructed  that  any  elector  may  by  means  of  ir-  ^t$ction' 
regular  ballots  or  otherwise  vote  for  any  person  for  any  office,  machine. 


166 


STATE  OF  MICHIGAN. 


although  such  person  may  not  have  been  nominated  by  any 
party,  and  his  name  may  not  appear  on  such  machine;  and 
that  when  a  person  is  voted  for  for  any  such  office,  by  means 
of  an  irregular  ballot,  the  elector  cannot  vote  for  any  name 
on  the  machine  for  the  same  office.  Said  machines  may  be  so 
constructed  that  the  names  of  all  candidates  for  presidential 
electors  will  not  occur  thereon,  but  in  lieu  thereof  one  bal- 
lot label  in  each  party  column  or  row  shall  contain  only  the 
words  "Presidential  Electors,"  preceded  by  the  party  name; 
and  every  vote  registered  for  such  ballot  label  shall  operate 
as  a  vote  for  all  candidates  of  such  party  for  presidential 
electors  and  shall  be  counted  as  such.  In  case  the  machine  is 
so  constructed  that  the  candidates  for  presidential  electors 
of  any  party  can  be  voted  for  by  voting  for  a  ballot  label  con- 
taining the  words  "Presidential  Electors,"  it  must  be  so  con- 
structed that  by  voting  an  irregular  ballot  as  herein  defined, 
the  elector  may  vote  for  any  person  or  persons  he  may  choose 
for  presidential  electors. 

Added   1903,   Act  234. 


Relative  to 
ballots,  etc. 


Election  dis- 
tricts by 
whom  created, 
number  of 
voters. 


Redi  vision, 
when  made. 


(528)  SEC.  11.     Ballots  voted  for  any  person  whose  name 
does  not  appear  on  the  ballot  label  on  the  machine  as  a  can- 
didate for  office  shall  be  known  as  irregular  ballots.    Where 
two  or  more  candidates  are  to  be  elected  to  the  same  office  the 
voting  devices  belonging  to  all  the  candidates  for  said  office 
shall  be  included  in  a  group  to  be  known  as  a  multicandidate 
group.    Except  for  presidential  electors  and  except  in  multi- 
candidate  groups,  ^vhere  the  irregular    balloting    device   re- 
quires otherwise,  no  person  shall  be  voted  for  on  any  irregular 
ballot  for  any  office  whose  name  appears  on  the  ballot  label 
on  the  front  of  the  machine  as  a  candidate  for  that  office ;  any 
ballot  so  voted  shall  be  rejected.    An  irregular  ballot  must  be 
cast  in  its  appropriate  place  on  the  machine,  or  it  shall  be 
void  and  not  counted.    In  voting  for  presidential  electors  the 
elector  may  vote  an  irregular  ticket,  made  up  of  the  names  of 
persons  in  nomination  by  different  parties  or  partially  of  the 
names  of  persons  so  in  nomination  and  partially  of  persons 
not  in  nomination,  or  wholly  of  names  of  persons  not  in  nomi- 
nation by  any  party.    All  irregular  ballots  shall  be  deposited, 
written  or  affixed  in  or  upon  the  receptacle  or  device  provided 
on  the  machine  for  that  purpose,  in  accordance  with  the  plan 
of  such  machine,  otherwise  they  shall  be  rejected. 

Add.  Id 

(529)  SEC.  12.     For  any  election  in  any  city,  town  or  vil- 
lage in  which  voting  machines  are  to  be  used,  the  election  dis- 
tricts in  which  such  machines  are  to  be  used  may  be  created 
by  the  officers  charged  with  the  duty  of  creating  election  dis- 
tricts, so  as  to  contain  as  near  as  may  be  five  hundred  voters 
each.     Such'  redistricting  or  redivision  may  be  made  at  any 
time  after  any  November  election  and  on  or  before  August 


ELECTION  LAWS.  167 


fifteen  following,  and  when  so  made  shall  take  effect  imme- 
diately.    Thereafter  no  redivision  of  such  election  districts 
shall  be  made  for  elections  by  such  machines  until  at  some 
general  election  the  number  of  votes  cast  in  one  or  more  of 
such  districts  shall  exceed  six  hundred.    In  case  of  townships  in  case  of 
and  incorporated  villages  so  divided  the  provisions  of  chap- 
ter  ninety-five  Miller's  Compiled  Laws  of  eighteen  hundred to  govern, 
ninety-seven,  shall  apply  to  and  govern  all  proceedings  here- 
under,  with  reference  to  such  division,  boards  of  registration, 
election  inspectors  and  all  matters  arising  therefrom  not  pro- 
vided for  by  this  act.     In  cities  where  no  special  provisions  cities. 
exist  relative  thereto,  such  division  and  all  matters  arising 
therefrom,  not  covered  by  the  provisions  of  this  act,  shall  be 
provided  for  by  ordinance  of  the  common  council  of  said  city, 
and  it  is  hereby  made  the  duty  of  such  common  council  to 
make  all  necessary  rules  and  regulations  in  connection  there- 
with to  fully  carry  out  the  provisions  of  this  section.     This  Not  to  apply 
provision,  however,  shall  not  apply  to  cities  where  the  election 
law  provides  for  a  different,  or  larger  number  of  voters  in  an 
election  district. 

Added   1905,   Act   217. 

(530)  SEC.  13.     The  local  authorities,  on  the  adoption  and  May  issue 
purchase  of  a  voting  machine,  may  provide  for  the  payment  m°en1Vf°ma-y~ 
therefor  in  such  manner  as  they  may  'deem  for  the  best  in- 

terest  of  the  locality  and  may  for  that  purpose  issue  bonds, 
certificates  of  indebtedness  or  other  obligations,  which  shall 
be  a  charge  on  the  city,  town  or  village.  Such  bonds,  cer-  HOW  issued. 
tificates  or  other  obligations  may  be  issued  with  or  without  in- 
terest, payable  at  such  time  or  times  as  the  authorities  may 
determine,  but  shall  not  be  issued  or  sold  at  less  than  par. 

Add.  Id 

(531)  SEC.  14.   Where  vo.ting  machines  have  been  adopted  Secretary  of 
for  use  in  any  county,  city,  town  or  village  within  this  State,  samples  ofpi£-y 
the  Secretary  of  State  shall  supply  appropriate  samples  of  all  {Jons  *  et  c™c~ 
ballot  labels,  diagrams  and  return  sheets  required  for  elec- 
tions, and  he  shall  prescribe  suitable  rules  and  regulations  in 
addition  to  those  contained  in  this  act,  not  inconsistent  with 

law,  which  shall  govern  the  conduct  of  inspectors  and  clerks 
of  elections,  and  voters  in  the  use  of  such  voting  machines 
during  elections;  for  filling  out  the  return  sheets  and  for 
making  return  thereof;  and  shall  prepare  and  furnish  all  in- 
structions and  printed  matter  necessary  for  the  use  of  such 
voting  machines. 

Add.  Id 

(532)  SEC.  15.    The  Secretary  of  State,  and*  the  election  when  secre- 
<;ommissioners  of  any  city,  village  or  township  where  voting  nortytoffur^sh 
machines  have  been  purchased  and  are  used,  shall  not  be  re-  paper  ballots. 
quired  to  print  and  furnish  paper  ballots,  except  for  any 


168 


STATE  OF  MICHIGAN. 


question  or  matter  that  cannot  be  provided  for  by  the  voting 
machine. 

Add.  Id 

Ballot  clerks,        (533)     SEC.  16.     Ballot   clerks   and   gate  keepers  may  be 
dispensed  dispensed  with  in  election  districts  in  any  city,  village  or 
township  where  voting  machines  have  been  purchased  and  are- 
used. 

Add.  Id 


RETURN  OF  VOTE  TO  SECRETARY  OF  STATE. 


County  clerks 
to  make  re- 
turns of  vote 
of  certain 
officers. 


Further 
duty  of 
county  clerks. 


Secretary  of 
state  to  pub- 
lish result  of 
canvass. 


[Extract  from  Act  44,   1899.] 

(534)  SEC.  28.     The  vote  for  governor  and    secretary    of 
state  by  townships  and  wards,  and  the  vote  for  members  of 
the  State  legislature  cast  at  the  preceding  November  election, 
shall  be  returned  to  the  secretary  of  state  by  the  several 
county  clerks  on  or  before  the  first  day  of  December  follow- 
ing   such  election,  and  it  shall  be  the  further    duty  of   all 
county  clerks  to  furnish  to  the  secretary  of  state,  promptly 
and  without  compensation,  any  further  information  requested 
of  them,  to  be  used  in  the  compilation  of  the  manual. 

(535)  SEC.  29.     The  secretary  of  state  shall,  as  soon  as 
possible  after  the  canvass  of  votes  at  the  April  election,  print 
in  pamphlet  form  the  result  of  such  canvass.     A  sufficient 
number  of  said  pamphlets  shall  be  printed  to  supply  demands, 
as  shall  in  the  judgment  of  the  secretary  of  State  be  required,, 
but  in  no  case  to  exceed  five  thousand  pamphlets,  and  they 
shall  be  mailed  by  the  secretary  of  state  to  persons  who  may 
request  them. 


PUBLICITY  OF  PROPOSED  CONSTITUTIONAL  AMEND- 

MENTS. 

An  Act  to  secure  greater  publicity   concerning  proposed  amendments   to- 

the  constitution. 


Constitutional 
secretaryepfS' 


of  proposed, 


[Act  23  of  1905.] 

The  People  of  the  State  of  Michigan  enact: 

(536)  SECTION  1.  That  whenever  a  proposed  constitu- 
tional  amendment  or  other  question  is  to  be  submitted  to  the 
electors  of  the  State  for  popular  vote,  the  secretary  of  state 
shall  duly  prepare  concise  statements,  setting  forth  the  pur- 
port, nature  and  effect  of  the  proposed  amendment,  or  other 


ELECTION  LAWS.  169 


question,  and  shall  three  times  send  copies  of  said  statements  HOW  given. 
to  the  several  daily  and  weekly  newspapers  published  in  the 
State  of  Michigan,  no  less  than  sixty,  thirty  and  fifteen  days 
respectively,  prior  to  the  election,  with  a  request  that  said 
papers  give  as  wide  publicity  as  possible  to  said  proposed 
amendment,  or  other  questions.     And  he  shall  also  furnish  Copies  of  state- 
«ach  county  and  city  clerk  in  the  State  at  least  ten  copies  S^ierkl. 
of  such  statement  for  each  voting  precinct  in  their  respective 
counties  or  cities.     Each  county  or  city  clerk  in  the  State  statement  to 
shall  furnish  the  board  of  election  inspectors  of  each  voting  poiBnfpLSs. 
precinct  in  their  respective  counties  or  cities,  such  statements 
of  not  less  than  ten  copies,  to  be  posted  by  such  board  of  elec- 
tion inspectors  in  a  conspicuous  place  in  the  room  of  holding  , 
such  election  and  such  statements  shall  be  furnished  to  the 
inspectors  of  election  in  the  following  languages,   namely: 
Two  copies  each  of  Holland,  German,  Polish  and  four  copies 
of  English.     Such  statements  shall  be  furnished  the  election 
inspectors  at  least  five  days  before  the  election. 

(537)     SEC.  2.     Publication  of  any  matter  by  any  paper  NO  charge  for 
under  the  provisions  of  this  act,  shall  be  without  expense  or  put 
<;ost  to  the  State  of  Michigan. 


APPORTIONMENT  OF  SENATORS  AND  REPRESENTA- 
TIVES. 

An  Act  to  apportion  anew  the  representatives  in  the  State  legislature  among 
the  several  counties  and  districts  of  this  State. 

[Act  244  of  1905.] 

The  People  of  the  State  of  Michigan  enact: 

(538)     SECTION  1.     That    the    House     of     Representatives  Apportion- 
shall  hereafter  be  composed  of  one  hundred  members,  elected  ^ntat?vesepre 
agreeable  to  a  ratio  of  one  representative  to  every  twenty- 
four  thousand  two  hundred  persons,  including  civilized  per- 
sons of  Indian  descent  not  members  of  any  tribe,  in  each  or- 
ganized county,  and  one  representative  of  each  county  having 
a  fraction  more  than  a  moiety  of  said  ratio,  and  not  included 
therein,  until  the  one  hundred  representatives  are  assigned; 
that  is  to  say,  within  the  county  of  Wayne,  fourteen ;  Kent,  counties  en- 
five;  Houghton,  three;   Saginaw,  three;  Allegan,  two;  Bay,  J^mo 
two ;  Berrien,  two ;  Calhoun,  two ;  Genesee,  two ;  Ingham,  two ;  sentatives. 
Jackson,   two;   Kalamazoo,   two;   Lenawee,  two;   Marquette, 
two ;  Oakland,  two ;  Ottawa,  two ;  St.  Clair,  two ;  Washtenaw, 
two ;  Alpena,  one ;  Antrim,  one ;  Barry,  one ;  Branch,  one ;  Entitled  to 
Cass,  one ;  Charlevoix,  one ;  Cheboygan,  one ;  Chippewa,  one ;  one- 
Olinton,  one;  Delta,  one;  Dickinson,  one;  Eaton,  one;  Emmet, 
22 


170 


STATE  OF  MICHIGAN. 


district,  elec- 
tion returns, 
where  made. 


one;  Gogebic,  one;  Grand  Traverse,  one;  Gratiot,  one;  Hills- 
dale,  one;  Huron,  one;  Ionia,  one;  Isabella,  one;  Lapeer,  one; 
Livingston,  one;  Macomb,  one;  Manistee,  one;  Mason,  one; 
Mecosta,  one;  Menominee,  one;  Midland  one;  Monroe,  one; 
Montcalm,  one;  Muskegon,  one;  Newaygo,  one;  Oceana,  one; 
Osceola,  one;  St.  Joseph,  one;  Sanilae,  one;  Shiawasseey 
counties  con-  one;  Tuscola,  one;  Van  Buren,  one.  The  counties  of  Wex- 
ford  and  Lake  shall  constitute  a  representative  district  and 
be  entitled  to  one  representative.  The  election  returns  of  said 
district  shall  be  made  to  the  county  of  Wexford.  The  counties 
of  Benzie  and  Leelanau  shall  constitute  a  representative  dis- 
trict, and  be  entitled  to  one  representative.  The  election  re- 
•  turns  of  said  district  shall  be  made  to  the  county  of  Leelanau. 
The  counties  of  Alger,  Luce,  Mackinac  and  Schoolcraft  shall 
constitute  a  representative  district  and  be  entitled  to  one 
representative.  The  election  returns  of  said  district  shall 
be  made  to  the  county  of  Schoolcraft.  The  counties  of  Baraga, 
Iron,  Keweenaw,  Ontonagon,  shall  constitute  a  representa- 
tive district,  and  be  entitled  to  one  representative.  The  elec- 
tion returns  of  said  district  shall  be  made  to  the  county  of 
Iron.  The  counties  of  Roscommon,  Clare  and  Gladwin,  shall 
constitute  a  representative  district,  and  be  entitled  to  one 
representative.  The  election  returns  of  said  district  shall  be 
made  to  the  county  of  Clare.  The  counties  of  Crawfordr 
Montmorency,  Presque  Isle,  Oscoda  and  Otsego  shall  consti- 
tute a  representative  district,  and  be  entitled  to  one  repre- 
sentative. The  election  returns  of  said  district  shall  be  made 
to  the  county  of  Presque  Isle.  The  counties  of  Kalkaska  and 
Missaukee  shall  constitute  a  representative  district,  and  be 
entitled  to  one  representative.  The  election  returns  of  said 
district  shall  be  made  to  the  county  of  Missaukee.  The  coun- 
ties of  Alcona,  losco,  Arenac  and  Ogemaw  shall  constitute  a 
representative  district,  and  be  entitled  to  one  representative. 
The  election  returns  of  said  district  shall  be  made  to  the- 
county  of  losco. 


An  Act  to  divide  the  State  of  Michigan  into  thirty-two  senatorial  districts. 

[Act  245  of  1905.] 

The  People  of  the  State  of  Michigan  enact: 

Apportion-  (539)     SECTION  1.     The  State  of  Michigan  shall  be  divided 

intotwrty^two  into  thirty-two  senatorial  districts,  and  each  district  shall 
senatorial  dis-  j,e  entitled  to  elect  one  senator,  and  the  districts  shall  be 
constituted  and  numbered  as  follows:  The  first  district  shall 
consist  of  the  ninth,  eleventh,  thirteenth,  fifteenth  and  seven- 
teenth wards  of  Detroit,  and  the  townships  of  Grosse  Pointe, 
Gratiot,  Hamtramck,  Greenfield,  Bedford,  Livonia,  Plymouth 


ELECTION  LAWS.  171 


and  Northville.  The  second  district  shall  consist  of  the  first, 
second,  third,  fifth  and  seventh  wards  of  Detroit.  The  third 
district  shall  consist  of  the  fourth,  sixth,  eighth  and  tenth 
wards  of  Detroit.  The  fourth  district  shall  consist  of  the 
twelfth,  fourteenth  and  sixteenth  wards  of  Detroit,  and  the 
townships  of  Canton,  Nankin,  Dearborn,  Springwells,  Van 
Buren,  Romulus,  Taylor,  Ecorse,  Sumpter,  Huron,  Browns- 
town  and  Monguagon,  and  the  city  of  Wyandotte.  The  fifth 
district  shall  consist  of  the  counties  of  Lenawee  and  Monroe. 
The  sixth  district  shall  consist  of  the  counties  of  St.  Joseph, 
Branch  and  Hillsdale.  The  seventh  district  shall  consist  of 
the  counties  of  Berrien  and  Cass.  •  The  eighth  district  shall 
consist  of  the  counties  of  Allegan  and  Van  Buren.  The  ninth 
district  shall  consist  of  the  counties  of  Calhoun  and  Kala- 
mazoo.  The  tenth  district  shall  consist  of  the  counties  of 
Jackson  and  Washtenaw.  The  eleventh  district  shall  consist 
of  the  county  of  St.  Glair.  The  twelfth  district  shall  consist 
of  the  counties  of  Oakland  and  Macomb.  The  thirteenth  dis- 
trict shall  consist  of  the  counties  of  Genesee  and  Livingston. 
The  fourteenth  district*  shall  consist  of  the  counties  of  Ing- 
ham  and  Shiawassee.  The  fifteenth  district  shall  consist  of 
the  counties  of  Barry  and  Eaton.  The  sixteenth  district  shall 
consist  of  the  first,  second,  third,  fourth,  fifth,  ninth,  tenth, 
eleventh  and  twelfth  wards  of  the  city  of  Grand  Rapids.  The 
seventeenth  district  shall  consist  of  the  sixth,  seventh  and 
eighth  wards  of  the  city*  of  Grand  Rapids,  and  the  townships 
of  Tyrone,  Solon,  Nelson,  Spencer,  Sparta,  Algoma,  Court- 
land,  Oakfield,  Alpine,  Plainfield,  Cannon,  Grattan,  Walker, 
Grand  Rapids,  Ada,  Vergennes,  Wyoming,  Paris,  Cascade, 
Lowell,  Byron,  Gaines,  Caledonia  and  Bowne.  The  eighteenth 
district  shall  consist  of  the  counties  of  Ionia  and  Montcalm. 
The  nineteenth  district  shall  consist  of  the  counties  of 
Gratiot  and  Clinton.  The  twentieth  district  shall  consist  of 
the  counties  of  Huron  and  Sanilac.  The  twenty-first  district 
shall  consist  of  the  counties  of  Lapeer  and  Tuscola.  The 
twenty-second  district  shall  consist  of  the  county  of  Sagi- 
naw.  The  twenty-third  district  shall  consist  of  the  counties 
of  Muskegon  and  Ottawa.  The  twenty-fourth  district  shall 
consist  of  the  counties  of  Bay  and  Midland.  The  twenty-fifth 
district  shall  consist  of  the  counties  of  Isabella,  Newaygo, 
Mecosta  and  Osceola.  The  twenty-sixth  district  shall  consist 
of  the  counties  of  Oceana,  Mason,  Lake,  Manistee  and  Benzie. 
The  twenty-seventh  district  shall  consist  of  the  counties  of 
Antrim,  Charlevoix,  Grand  Traverse,  Kalkaska,  Leelanau  and 
Wexford.  The  twenty-eighth  district  shall  consist  of  the 
counties  of  Arenac,  Alcona,  losco,  Oscoda,  Ogemaw,  Glad- 
win,  Clare,  Crawford,  Roscommon  and  Missaukee.  The 
twenty-ninth  district  shall  consist  of  the  counties  of  Alpena, 
Montmorency,  Otsego,  Presque  Isle,  Cheboygan,  Emmet  and 
Mackinac.  The  thirtieth  district  shall  consist  of  the  counties 
of  Menominee,  Delta,  Schoolcraft,  Luce  and  Chippewa.  The 


172 


STATE  OF  MICHIGAN. 


Election  re- 
turns, where 
made. 


thirty-first  district  shall  consist  of  the  counties  of  Iron, 
Baraga,  Dickinson,  Marquette  and  Alger.  The  thirty-second 
district  shall  consist  of  the  counties  of  Gogebic,  Ontonagon, 
Houghton  and  Keweenaw. 

(540)  SEC.  2.  The  election  returns  of  each  county  form- 
ing one  district  shall  be  made  to  the  county  clerk's  office  of 
said  county.  The  election  returns  of  each  district  composed 
of  more  than  one  county,  shall  be  made  to  the  county  clerk's 
office  of  the  county  in  which  the  largest  total  vote  for  presi- 
dential electors  was  cast  at  the  last  preceding  presidential 
election.  The  election  returns  of  each  district  composed  of 
a  portion  of  a  county,  shall  be  made  to  the  county  clerk's  office 
of  said  county. 


When  unlaw- 
ful to  sell, 
keep,  etc.,  in- 
toxicating 
liquors. 


Proviso. 


LOCAL  OPTION  LAW. 

An  Act  to  prohibit  the  manufacture,  sale,  keeping  for  sale,  giving  away  or 
furnishing  of  vinous,  malt,  brewed,  fermented,  spirituous  or  intoxicating 
liquors,  or  any  mixed  liquor  or  beverage,  any  part  of  which  is  intoxicat- 
ing, and  to  prohibit  the  keeping  of  any  saloon  or  other  place  for  the  man- 
ufacture, sale,  storing  for  sale,  giving  away  or  furnishing  of  such  liquors 
or  beverages,  and  to  suspend  the  general  laws  of  the  State  relative  to  the 
taxation  and  regulation  of  the  manufacture  and  sale  of  such  liquors  in  the 
several  counties  of  this  State  under  certain  circumstances ;  to  authorize 
the  qualified  electors  of  the  several  counties  in  this  State  to  express  their 
will  in  regard  to  such  prohibition  by  an  election,  and  to  authorize  and 
empower  the  board  of  supervisors  of  the  several  counties,  after  such  elec- 
tion, if  they  shall  determine  the  result  to  be  in  favor  of  such  prohibition, 
to  prohibit  the  manufacture,  sale,  keeping  for  sale,  giving  away  or  furn- 
ishing of  any  such  liquors,  or  the  keeping  of  a  saloon  or  any  other  place 
for  the  manufacture,  sale,  storing  for  sale,  giving  away  or  furnishing  of 
the  same  within  their  respective  counties;  and  to  provide  for  penalties 
and  rights  of  action  in  case  of  its  violation. 

[Act  207  of  1889,  as  amended.] 

The  People  of  the  State  of  Michigan  enact: 

(541)  §  5412.  SECTION  1.  That  it  shall  be  unlawful  for 
any  person  directly  or  indirectly,  himself  or  by  his  clerk, 
agent  or  employe,  to  manufacture,  sell,  keep  for  sale,  give 
away  or  furnish  any  vinous,  malt,  brewed,  fermented,  spirit- 
uous or  intoxicating  liquors,  or  any  mixed  liquor  or  bever- 
ages, any  part  of  which  is  intoxicating,  or  keep  a  saloon  or 
any  other  place  where  any  such  liquors  are  manufactured,  sold, 
stored  for  sale,  given  away  or  furnished  in  any  county  of  this 
State  on  and  after  the  first  day  of  May  next  following  after 
the  adoption  by  the  board  of  supervisors  of  such  county  of  a 
resolution  prohibiting  the  same,  as  provided  in  section  thir- 
teen of  this  act,  so  long  as  such  resolution  remains  unre- 
pealed:  Provided,  however,  That  the  provisions  of  this  sec- 
tion shall  not  apply  to  druggists  or  registered  pharmacists, 
in  selling  any  such  liquors  under  and  in  compliance  with  the 


ELECTION  LAWS.  173 


restrictions  and  requirements  imposed  upon  them  by  the  gen- 
eral laws  of  this  State  and  section  twenty-five  of  this  act,  as 
amended. 

Am.  1899,  Act  183. 

NOTE. — Only  such  annotations  are  here  used  as  refer  to  the  holding  of 
elections  under  this  act.  For  more  complete  annotations,  see  sections  5412- 
5435,  C.  L.,  1897,  or  pamphlet  on  manufacture  and  sale  of  spirituous  liquors. 

This  act  is  not  unconstitutional. — Feek  v.  Twp.  Board  of  Bloomingdale, 
82  /  393. 

(542)  §  5413.     SEC.  2.     On  and  after  the  first  day  of  May  When      ^ 
next  following  after  the  adoption  by  the  board  of  supervisors  sums  of  gen- 
of  any  county  of  a  resolution  prohibiting  the  manufacture  of  tSatSn,  etc., 
liquors  and  the  liquor  traffic,  as  hereinafter  provided  in  sec-  susPended- 
tion  thirteen  of  this  act,  the  provisions  of  the  general  laws 

of  this  State  for  the  taxation  and  regulation  of  the  business 
of  manufacturing,  selling,  keeping  for  sale,  furnishing,  giv- 
ing away  or  delivering  spirituous  and  intoxicating  liquors, 
and  malt,  brewed  or  fermented  and  vinous  liquors  shall  be 
and  the  same  are  hereby  declared  suspended  and  superseded 
so  far  as  relates  to  the  territory  and  municipalities  within 
the  limits  of  any  such  county :  Provided,  however,  That  all  Proviso, 
sales  of  liquors  by  druggists,  or  registered  pharmacists,  in 
such  counties  shall  be  under  the  restrictions  and  requirements 
imposed  upon  them  by  the  general  laws  of  this  State  and  this 
act,  as  amended. 

Am.   1899,  Act   183. 

(543)  §  5414.     SEC.  3.     In  order  to  ascertain  the  will  of  Proceedings  to 
the  qualified  electors  of  each  organized  county,  in  regard  to  JSnSftSe 
such  prohibition,  it  shall  be  the  duty  of  the  county  clerk  of  electors,  etc. 
the  counties  of  this  State,  severally,  upon  written  applica- 
tion and  petition  filed  with  him  and  addressed  to  the  board  Petition. 

of  supervisors  of  the  county,  signed  by  not  less  than  one-third 
of  all  the  qualified  electors  thereof,  as  shown  by  the  poll  lists 
or  returns  and  canvass  of  the  last  preceding  general  election 
for  State  officers  held  in  such  county,  praying  that  the  ques- 
tion, should  the  manufacture  of  liquor  and  the  liquor  traffic 
be  prohibited  within  the  county,  be  submitted  to  the  qualified 
electors  of  the  county,  to  lay  such  petitions  before  the  board 
of  supervisors  at  the  earliest  opportunity. 

Am.   Id. 

(544)  §  5415.     SEC.  4.     To   enable  the    county    clerk   to  ^[it^nr 
ascertain  that  the  petitioners  thus  praying  for  such  an  elec-  ?<Smship 
tion  are  qualified  electors  of  such  county,  and  that  they  con-  separately. 
stitute  at  least  one-fourth  of  all  the  electors  of  such  county, 

as  shown  by  the  poll  list  or  the  returns  and  canvass  of  the  last 
preceding  general  election.  To  enable  each  and  every  elector 
to  determine  for  himself  if  his  name  has  been  fraudulently 
attached  to  said  petition,  it  is  hereby  required  that  the  signa- 
tures of  all  the  petitioners  residing  in  any  one  and  the  same 
township,  ward  or  election  district,  shall  be  attached  to  one 


174 


STATE  OF  MICHIGAN. 


To  be  accom- 
panied by 
transcript  of 
poll  list. 


Affidavit  of 
posting. 


petition  or  list,  separate  from  those  of  any  other  township, 
>sted  in°  warc^  or  election  district,  and  that  an  exact  copy  of  said  peti- 
pubiic  places,  tion  and  of  all  the  signatures  thereto  shall  be  posted  in  three 
of  the  most  conspicuous  places  in  the  said  township,  ward  or 
election  district  for  at  least  ten  days  immediately  prior  to 
its  presentation  to  the  county  clerk.  Every  such  petition 
shall  be  accompanied  by  a  transcript  of  the  poll  list,  if  it  can 
be  procured,  of  the  last  preceding  general  election,  held  in 
such  township,  ward  or  election  district,  certified  as  correct 
by  the  township,  city  or  county  clerk,  as  the  case  may  require, 
and  also  an  affidavit  or  'affidavits,  by  one  or  more  resident 
electors  of  such  township,  ward  or  election  district,  stating 
therein  that  an  exact  copy  of  such  petition,  and  of  all  <the 
signatures  thereto,  has  been  posted  in  three  of  the  most  con- 
spicuous places  in  such  township,  ward  or  election  district, 
for  at  least  ten  days  immediately  prior  to  its  presentation 
to  the  county  clerk;  and  that  he  or  they  are  personally  ac- 
quainted with  said  petitioners  and  know  that  they  reside 
within  such  township,  ward  or  election  district,  and  that 
the  signatures  are  the  genuine  signatures  of  the  persons  sign- 
ing the  petition,  and  of  the  persons  whose  names  severally 
appear  upon  such  transqript  of  the  poll  list,  or  if  such  trans- 
cript shall  not  have  been  procured,  then  that  the  persons 
whose  names  are  attached  to  said  petition  are,  to  the  best 
of  his  knowledge  and  belief,  qualified  electors  in  such  town- 
ship, ward  or  election  district:  Provided,  however,  That,  if 
for  any  reason  a  certified  transcript  of  any  poll  list  shall 
not  have  been  procured,  or  if  such  transcript  shall  be  defec- 
tive,-it  shall  be  sufficient  if  the  whole  number  of  all  the  peti- 
tioners is  equal  to  one-fourth  of  the  number  of  all  the  qualified 
electors  of  such  county,  as  shown  by  the  returns  or  county 
canvass  of  the  last  preceding  general  election. 

If  the  petitions  presented  to  the  county  clerk  praying  that  an  election 
be  held  are  accompanied  by  transcripts  of  the  poll  lists  of  the  last  preceding 
general  election,  as  provided  for,  the  fact  that  the  petitioners  whose  names 
appear  upon  the  poll  lists  still  reside  within  their  respective  townships,  wards 
or  election  districts  must  be  shown  by  the  affidavit  or  affidavits  of  one  or 
more  resident  electors  thereof,  upon  his  or  their  own  knowledge:  but  if  such 
transcripts  do  not  accompany  the  petitions,  the  affidavit  or  affidavits  need 
only  state  that  the  persons  whose  names  are  attached  to  the  petitions  are, 
to  the  best  of  affiant's  knowledge  and  belief,  qualified  electors  in  such  town- 
ship, ward  or  election  district,  which  implies  a  residence  within  the  township. 
— Friesner  v.  Common  Council  of  Charlotte,  91  /  504. 

county  clerks  (545)  §  5416.  SEC.  5.  When  such  petitions  have  been 
to^fiie  petition,  presented  to  the  county  clerk,  he  shall  file  the  same  in  his 
office,  and  when  it  shall  appear  upon  the  face  thereof,  and 
by  the  transcripts  of  the  poll  lists,  or  by  reference  to  the  re- 
turns and  canvass  of  the  last  general  election  that  such  sub- 
mission of  said  question  of  prohibition  has  been  prayed  for 
by  not  less  than  one-third  of  all  the  qualified  electors  of  the 
entire  county,  shown  as  aforesaid,  he  shall,  at  the  next  regu- 
lar or  adjourned  meeting  of  the  board  of  supervisors,  call  the 


Proviso  as  to 
.transcript. 


ELECTION  LAWS.  175 


attention  of  the  board  to  the  fact  that  such  petitions  have 
been  received  and  filed  with  him. 

Am.  1899,  Act  183. 

The  resolution  of  the  board  of  supervisors,  adopted  in  conformity  to  law, 
and  the  record  being  regular,  that  an  election  under  the  local  option  law  has 
"been  prayed  for  by  the  requisite  number  of  electors,  is  conclusive  of  the 
preliminary  steps  necessary  to  set  the  board  in  motion. — Thomas  v.  Abbott, 
105  /  687.  The  statute  does  not  provide  for  the  filing  or  keeping  of  any 
separate  order,  distinct  from  that  entered  upon  the  journal,  and  the  provision 
.that  the  board  "shall  thereupon  issue  an  order  directing  that  such  election 
be  held"  is  complied  with  by  the  service  upon  the  officers  named  in  the  act 
of  copies  of  the  order,  and  the  publication  of  the  same.  Where,  in  the  record 
of  the  day's  proceedings,  other  matters  appear  besides  the  resolution  or  order 
•of  the  board  directing  the  holding  of  a  local  option  election,  it  is  proper  to 
omit  such  irrelevant  matter  from  the  notices  served  and  posted,  and  to 
append  thereto  the  signatures  of  the  clerk  and  chairman  found  at  the  close 
of  the  day's  proceedings  as  recorded.  The  law  does  not,  in  terms,  require  the 
posting  of  the  certified  copy  of  the  order  served  upon  the  township  clerk,  and 
it  is  sufficient  if  said  order  is  embodied  in  the  notice  of  election  posted  by 
that  officer.  Three  of  the  inspectors  signed  the  original  canvass  of  the  votes 
given  in  their  township  and  apparently  all  joined  in  the  returns  that  were 
canvassed  by  the  board  of  supervisors,  and  it  is  held  that  the  board  had 
power  to  require  an  amended  return  if  the  one  made  was  incomplete,  and 
might,  in  certain  cases,  proceed  and  complete  the  canvass.  The  commission- 
ers of  election  have  authority  under  the  more  recent  Australian  ballot  law, 
to  provide  ballots  for  a  local  option  election.  The  jurisdiction  being  shown 
by  a  valid  record  and  canvass,  the  determination  of  the  board  of  supervisors 
as  to  the  result  of  a  local  option  election  is  final. — Id. 

(546)  §  5417.  SEC.  6.  At  such  meetings  of  the  board  of  cierktoiay 
supervisors  it  shall  be  the  duty  of  the  county  clerk  to  lay 
before  them  petitions  filed  in  his  office  praying  for  such  sub-  visors, 
mission  of  said  question  of  prohibition,  and  when  upon  exam- 
ination, it  shall  appear  to  the  said  board,  upon  the  face  of 
said  petitions,  and  by  the  transcripts  of  the  poll  lists,  or  by 
reference  to  the  returns  and  canvass  of  the  last  general  elec- 
tion, that  such  submission  of  said  question  has  been  prayed 
for  by  the  requisite  number  of  electors,  as  hereinbefore  pro- 
vided, they  shall,  by  resolution,  determine  and  declare  to  that 
effect,  and  such  determinations  shall  be  final  as  to  the  suffi- 
ciency of  the  petitions  and  the  requisite  number  of  electors 
signing  the  same,  and  they  shall  thereupon  issue  an  order 
directing  that  such  question  shall  be  voted  upon  at  the  next 
annual  township  election  to  be  held  in  and  for  such  county. 
Said  order  shall  recite:  The  filing  and  examining  of  the  peti-  Order  for  elec- 
tions; the  resolution  determining  and  declaring  that  said 
petitions  represent  not  less  than  one-third  of  all  the  qualified 
electors  of  the  county  as  shown  by  the  transcripts  of  the  poll 
lists,  or  the  returns  and  canvass  of  the  last  preceding  general 
election  for  State  officers  held  in  such  county;  the  ordering 
of  the  question  of  prohibition  to  be  submitted  at  the  next 
general  election  for  township  officers  in  the  several  townships, 
villages  and  cities  in  the  county,  to  ascertain  whether  or  not 
it  is  the  will  of  the  electors  of  the  county  that  the  manu- 
facture of  liquor  and  the  liquor  traffic  should  be  prohibited 
within  the  limits  of  the  county;  which  said  day  of  election 
shall  always  be  at  the  time  of  the  township  meeting  for  the 
election  of  towrnship  officers.  Such  orders  shall  be  entered  in  Order  to  be 
full  upon  the  journal  of  the  proceedings  of  the  board  for  that  up 

day,  and  the  same  shall  be  signed  by  the  acting  chairman  and 


176  STATE  OF  MICHIGAN. 


Copy  to  be       clerk  of  the  board    before  final    adjournment.     The  county 

aSd  inspectors  clerk  shall,  without  delay,  cause  a  copy  of  such  order,  duly 

of  election.       certified  by  him,  to  be  delivered  to  the  township  clerk  of 

each  township,  and  to  one  of  the  inspectors  of  election  of 

each  ward  or  election  district  of  every  city  in  the  county,  and 

Order  for  eiec-  shall  also  at  the  same  time  cause  such  order  to  be  published 

Usnedlow  pul "  for  three  successive  weeks  in  two  newspapers  published  in 

the  county. 

Am.  Id. 

The  purpose  of  the  provisions  of  the  act  making  the  determination  by  the 
board  of  supervisors  that  the  election  has  been  prayed  for  by  the  requisite 
number  of  electors  signing  the  same,  was  to  place  the  result  when  once 
reached  by  the  people,  beyond  controversy  or  collateral  attack,  which  power 
it  was  competent  for  the  legislature  to  confer  upon  the  board,  under  article 
4,  sec.  38,  of  the  constitution. — Friesner  v.  Common  Council  of  Charlotte, 
91  /  504. 

The  provisions  fixing  the  time  when  the  different  proceedings  taken  by  the 
board  of  supervisors  under  the  act  shall  be  entered  on  their  journal  and 
signed  by  the  acting  chairman  and  clerk,  are  mandatory. — Covert  v.  Treas- 
urer of  Gratiot  Co.,  93  /  603. 

It  is  competent  for  the  board  of  supervisors,  when  convened  for  the  pur- 
pose of  determining  whether  or  not  an  election  under  the  local  option  law 
has  been  prayed  for  by  the  requisite  number  of  electors,  to  collect  and  col- 
late the  required  statutory  facts  through  a  committee  appointed  for  that 
purpose. — Giddings  v.  Wells.  99/221. 

Sec.  2477,  C.  L.,  1897,  which  makes  it  the  duty  of  the  clerk  of  the  board 
of  supervisors  to  record  the  vote  of  each  supervisor  on  any  question  submitted 
to  the  board  when  required  by  any  member,  gives  an  ample  remedy  to  minori- 
ties, and  where  the  record  sets  forth  the  adoption  of  a  resolution  without 
giving  the  yea  and  nay  vote,  it  will  be  presumed  that  it  received  the  neces- 
sary majority  vote  to  authorize  its  passage. 

Where  the  returns  made  by  the  inspectors  of  election  bear  date  as  of  the 
day  on  which  the  election  was  held,  it  will  be  presumed  that  the  inspectors 
prepared  the  same  "without  recess  or  adjournment,"  as  required  by  section 
ten  of  the  local  option  law. 

The  consideration  by  the  board  of  supervisors,  in  determining  the  result 
of  an  election  under  local  option  law,  of  illegal  returns  from  certain  town- 
ships, will  not  invalidate  the  election,  where  the  exclusion  of  such  returns 
will  not  destroy  the  majority  in  favor  of  the  proposition  submitted  to  the 
electors. 

The  operation  of  the  local  option  law  in  a  given  county  does  not  depend 
upon  the  forwarding,  without  delay,  by  the  county  clerk  to  the  secretary  of 
state,  of  a  certified  transcript  of  the  resolution  of  prohibition,  and  of  so 
much  of  the  journal  of  the  proceedings  of  the  board  of  supervisors,  as  per- 
tains to  the  election,  including  the  tabular  statement  of  votes,  together  with 
a  copy  of  the  affidavit  of  publication  of  the  notice  of  the  adoption  of  the 
resolution,  as  required  by  section  fourteen  of  the  local  option  law ;  and  the 
failure  of  the  clerk  to  comply  with  said  provision  will  not  defeat  the  pro- 
ceeding. 

Under  this  section  which  provides  that  the  order  of  the  board  of  super- 
visors directing  that  an  election  be  held,  "shall  be  entered  in  full  upon  the 
journal  of  the  proceedings  of  the  board  for  that  day,  and  the  same  shall  be 
signed  by  the  acting  chairman  and  clerk  of  the  board  before  final  adjourn- 
ment," it  is  sufficient  if  the  journal  for  the  day  is  signed  after  the  close  of 
the  session. — Thomas  v.  Abbott,  105  /  688. 

Section  7   repealed,   1899,  Act  183. 

Ballots  who  to  (547)  §  5419.  SEC.  8.  The  officers  whose  duty  it  is  to 
Sfretclform  Proyide  ballots  for  such  annual  township  election  shall  pro- 
vide suitable  ballots,  as  is  provided  for  in  section  forty-eight 
of  act  number  two  hundred  sixty-six  of  the  session  laws  of 
eighteen  hundred  ninety-seven,  containing  the  question,  "Shall 
the  manufacture  of  liquors  and  the  liquor  traffic  be  prohibited 
within  the  county?" 

Am.   1899,   Act   183. 

Qualification         (548)    §  5420.     SEC.  9.    All  persons  entitled  under  the  law 

ors'       of  this  State  to  vote  for  supervisor  shall  be  deemed  qualified 

to  vote  upon  the  question  of  prohibition  provided  for  in  this. 


ELECTION  LAWS.  177 


act.     The  registration  of  the  qualified  electors,  the  hours  of  Registration 
opening  and  closing  the  polls,  the  manner  of  voting,  and  of  edWetCc°nduct" 
holding  and  conducting  an  election  under  this  act,  and  the 
power  and  duty  of  the  boards  of  registration,  of  inspection  of 
election,  township  boards  and  common  council,  and  all  other 
officers  with  reference  to  such  election,  shall  be  the  same  in 
every  respect  as  in  the  case  of  annual  township  elections,  or 
the  election  of  members  of  the  board  of  supervisors,  except  as 
otherwise  provided  for  by  this  act  so  far  as  the  same  shall  be 
applicable:    Provided,  however,  That  such  proposition  having  Proviso  as  to 
been  once  submitted  and  decided  either  way  by  a  majority  of  questtoning 
the  votes  of  the  qualified  electors  in  any  county  in  the  State, 
voting  thereon,  the  same  shall  not  be  again  submitted  in  such 
county  within  a  period  of  two  years  next  thereafter,  but  may, 
at  any  time  after  the  expiration  of  such  period  upon  a  like 
petition  and  action,  be  again  submitted,  and  so  on,  at  the 
expiration  of  not  less  than  two  years  after  such  election. 

Am.  Id. 

EXPIRATION   OP   TWO   YEARS:      See   Keefer  v.   Hillsdale   Co.,    109/645. 

(549)  §  5421.     SEC.  10.     At  the  close  of  the  canvass,  and  statement  of 
after  declaring  the  result  of  the  vote,  and  without  recess  or  fnlpectors."  by 
adjournment,  the  inspectors  shall  draw  up  a  statement  of 

such  result  and  cause  a  duplicate  thereof  to  be  made,  which 
statement  and  duplicate,  together  with  the  poll  lists,  shall 
be  certified  by  the  inspectors  to  be  correct,  and  shall  be  sub- 
scribed with  their  names.  Such  statement  shall  set  forth  Contents, 
in  words  at  length  the  whole  number  of  votes  given  upon  the 
proposition  submitted,  and  the  whole  number  of  votes  cast 
"Yes"  and  the  whole  number  of  votes  cast  "No"  thereon,  and 
the  majority  for  or  against  the  proposition.  Said  statements,  TO  be  filed, 
together  with  the  poll  lists,  shall  forthwith  be  filed  by  the  in- 
spectors with  the  township  or  city  clerk,  one  copy  of  each  of 
which  shall  be  filed  and  preserved  in  his  office,  and  the  other 
transmitted  by  him  to  the  county  clerk  of  the  county  within 
five  days  after  such  vote  shall  be  taken,  and  there  remain  on 
file. 

WITHOUT  RECESS,  ETC.  :  This  provision  relative  to  drawing  up  the 
statement  is  mandatory. — Covert  v.  Munson,  93  /  605.  See  Giddings  v.  Wells, 
99  /  224. 

(550)  §  5422.     SEC.  11.     The    board    of    supervisors    of  Board  of  su- 
sucli  county  shall  meet  on  the  first  Monday  after  such  election  w1SnStoSmeet 
to  canvass  the  vote  of  the  county,  and  shall  ascertain,  deter- 

mine  and  declare  the  result  thereof.  At  such  meeting  the 
county  clerk  shall  lay  before  the  board  the  statements  of  the 
votes  of  the  several  townships,  wards  and  election  districts 
filed  with  him,  as  above  provided.  Such  canvass,  determina- 
tion and  declaration  of  the  result,  together  with  a  tabular 
statement  of  all  the  votes  cast,  shall  be  entered  in  full  upon 
the  journal  of  their  proceedings  for  that  day,  and  the  same 
shall  be  signed  by  the  acting  chairman  and  the  clerk  of  the 
23 


178 


STATE  OF  MICHIGAN. 


Proviso. 


in  case  town- 


hold  election. 


When  to 
take  effect. 


board :  Provided,  That  if  any  such  statement  or  poll  list  shall 
not  be  made,  certified  or  returned,  as  provided  in  section  ten 
of  this  act,  the  board  of  supervisors  may,  at  such  meeting, 
send  for  the  same  and  require  the  same  to  be  certified  and 
made,  the  same,  and  with  like  power  and  authority,  as  the 
board  of  county  canvassers  at  general  elections. 

(551)  §  5423.     SEC.  12.     In  case  any  township,  ward  or 
refuse  to  election  district  shall  refuse  or  neglect  to  hold  an  election 

at  the  time  or  in  the  manner  required  under  this  act,  or  in 
case  the  statement  of  the  votes  of  any  one  or  more  townships, 
wards  or  election  districts  shall  be  unlawfully  withheld  from 
such  board  of  supervisors,  and  it  shall  appear  to  said  board 
of  supervisors  upon  inquiry  that  such  refusal  or  neglect  to 
hold  an  election,  or  that  such  withholding  of  any  statement 
of  the  votes  is  done  for  the  purpose  of  preventing  a  full  ex- 
pression of  the  will  of  the  electors  of  such  county  upon  the 
proposition  so  submitted,  it  shall  nevertheless  be  lawful  for 
such  board  to  proceed  with  the  canvass  of  the  votes  and  de- 
clare the  result  thereof,  the  same  as  though  no  such  refusal 
or  neglect  to  hold  such  election  or  the  withholding  of  any 
such  statement  had  taken  place;  and  such  refusal,  neglect  or 
withholding  shall  in  no  wise  affect  or  invalidate  the  result 
of  the  election  as  determined  and  declared  by  such  board. 

Feek  v.  Twp.  Board,  82/410;  Thomas  v.  Abbott,  105/692. 

(552)  §  5424.     SEC.  13.     When  the  result  of  the  county 
canvass  shall  show    that  a  majority  of    all  the  legal  voters 
voting  on  such  proposition  shall  have  voted  to  prohibit  within 
such  county  the  manufacture  of  liquors  and  the  liquor  traffic, 
and  when  the  board  of  supervisors  shall  have  so  determined 
and  declared,  as  hereinbefore  provided,  it  shall  be  the  duty 
of  such  board  of  supervisors  to  order  the  prohibition  within 
the  limits  of  such  county  of  the  manufacture,  sale,  keeping 
for  sale,   giving   away    or  furnishing  of    any  vinous,   malt, 
brewed,  fermented,  spirituous  or  intoxicating  liquors,  or  any 
mixed  liquor  or  beverage,  any  part  of  which  is  intoxicating, 
and  to  prohibit  the  keeping  of  a  saloon  or  any  other  place 
where  such  liquors  are  manufactured,  sold,  stored  for  sale, 
given  away  or  furnished,  by  resolution,  adopted  at  that  same 
meeting  of  the  board,  or  at  a  meeting  to  which  the  same  may 
be  adjourned  not  more  than  ten  days    after  such  canvass. 
Such  resolution  shall  be  spread  in  full  upon  the  journal  of 
their  proceedings  and  shall  set  forth  in  a  preamble  the  fact 
that  an  election  submitting  a  proposition  of  prohibition  as 
aforesaid  was  duly  held  in  the  county;  that  sufficient  returns 
and  statements  have  been  canvassed  by  them  and  the  result 
thereof  ascertained ;  that  such  result  was  in  the  affirmative  of 
such  proposition,  giving  the  majority,  and  that  the  same  has 
been  so  determined  and  declared  by  them.     Such  resolution 
of  prohibition  shall  take  full  effect  in  such  county  on  the  first 


Duty  of  super 
visors,  when 
vote  is  in  the 
affirmative. 


Resolution  of 
prohibition. 


Entered  upon 
journal. 


ELECTION  LAWS.  179 


day  of  May  next  following  its  adoption,  and  shall  not  be  when  not  sub- 
subject   to  repeal   by   the  board  of  supervisors   within  two ject  to  rePeal- 
years  next  thereafter,  after  the  expiration  of  which  period 
the  board  may  again  on  petition  of  one-third  of  all  the  quali- 
fied electors  thereof,  as  shown  by  the  poll  lists  or  returns 
and  canvass  of  the  last  preceding,  general  election  for  State 
officers  held  in  the  county,  by  a  majority  vote  of  all  the 
members  elect  act  as  in  the  first  instance,  and  repeal  such 
resolution  of  prohibition,  but  not  unless  a  majority  of  the 
electors  of  the  county,  voting  on  such  proposition,  at  a  sub- 
sequent election  duly  held  in  accordance  with  the  provisions 
of  this  act,  shall  have  declared  against  the  prohibition  of 
the  manufacture  of  liquor  and  of  the  traffic  therein,  and  upon  Result  of  re- 
the  repeal  of  such  resolution  of  prohibition  by  the  board  of  pea1' etc- 
supervisors,   all   former   suspension  and   superseding  of  the 
general  laws  of  the  State  relative  to  the  taxation  and  regu- 
lation of  the  manufacture  and  sale  of  intoxicating  liquors, 
as  provided  in  section  two  of  this  act,  shall  cease  within  such 
county :    Provided,  however,  That  all  actions  which  may  have  Proviso 
been  brought  and  all  rights  of  actions  which  may  have  ac- 
crued before  such  repeal  shall  remain  and  continue  to  exist 
as  fully  as  if  no  such  repeal  had  taken  place. 

Am.   1899,  Act  183. 

Feek  v.  Twp.   Board,   82  /  414  ;   Keefer  v.   Supervisors,  109  /  645. 

(553)     §  5425.     SEC.  14.     It  shall  be  the  duty  of  the  clerk  cier^to  pub- 
of  such  board  of  supervisors  to  publish  without  delay,  once  resolution0 
in  each  week  until  the  first  day  of  the  next  May,  in  a  news- 
paper published  and  circulating  in  such  county,  to  be  desig- 
nated by  the  board,  a  copy  of  the  preamble  and  resolution 
adopted  by  the  board,  as  provided  by  section  thirteen  of  this 
act :     Provided,  That  if  such  proposition  shall  have  been  de-  Proviso, 
cided  in  the  negative,  such  publication  shall  not  be  required. 
The  said  clerk  shall  also,  without  delay,  forward  to  the  sec-  cierk-  to  for- 
retary  of  state  a  certified  transcript  of  such  resolution  and  Jar?  of°statere~ 
of  so  much  of  the  journal  of  the  proceedings  of  the  board  of  reSmuon,°eftc. 
supervisors  as  pertains  to  such  election,  including  the  tabular 
statement  of  votes,  together  with  a  copy  of  the  affidavit  of 
publication  of  the  notice  of  the  adoption  of  the  resolution. 
Such  original  affidavit  of  publication  shall  be  filed,  with  the 
clerk  of  the  board  of  supervisors,  and  he  shall  spread  the 
same  on  the  records  of  the  board,  following  the  record  of  the 
adoption  of  the  resolution  of  prohibition,  and  the  said  clerk 
shall  state  next  on  the  record  the  date  when  said  notice  and 
affidavit  of  publication  was  entered  for  record,  and  shall  then 
sign  the  record  officially.     The  record  of  such  resolution  of  Record  of  pub- 
prohibition  and  the  publication  of  notice,  and  all  duly  certi-  0 
fied  copies  thereof,  shall  be  the  evidence  of  the  facts  therein 
stated  so  far  as  relates  to  the  territory  and  municipalities 
within  the  limits  of  said  county;  and  the  regularity  of  any 
proceedings  prior  to  the  adoption  of  such  resolution  by  the 
board  of  supervisors  shall  not  be  open  to  question  on  the 


180 


STATE  OF  MICHIGAN. 


examination  or  trial  of  any  person  for  the  violation  of  any 
of  the  provisions  of  section  one  of  this  act. 

Am.  Id. 

DESIGNATION  OF  NEWSPAPER:  The  statute  requires  a  designation  by 
the  board  when  declaring  the  result.  A  prior  letting  of  the  county  printing 
to  certain  papers  is  not  sufficient.  The  record  of  the  proceedings  is  fatally 
defective  if  it  does  not  contain  such  a  designation. — Moran  v.  Co.  Treasurer, 
97  /  186. 

TRANSCRIPT  :  The  operation  of  the  law  is  not  made  to  depend  upon  the 
forwarding  or  filing  of  this  transcript  and  the  failure  of  the  clerk  to  comply 
with  this  provision  will  not  defeat  the  proceedings. — Giddings  v.  Wells,  99  / 

AFFIDAVIT  OF  PUBLICATION  :  Sufficiency  of.— People  v.  Whitney,  105  / 
633. 


When  certain 
provisions  to 
take  effect. 


Proviso. 


(554)  §  5426.  SEC.  15.  The  prohibitory  provisons  of  this 
act  shall  take  effect  and  have  full  force  within  such  county 
of  this  State  on  and  after  the  first  day  of  May,  imme- 
diately following  the  adoption  by  the  board  of  supervisors  of 
such  county  of  the  resolution  ordering  such  prohibition  and 
upon  publication  of  the  notice  of  the  adoption  of  such  reso- 
lution: Provided,  however.  That  nothing  in  this  act  shall  be 
so  construed  as  to  prohibit  the  sale  of  wine  for  sacramental 
purposes,  nor  shall  anything  herein  contained  prohibit  drug- 
gists or  registered  pharmacists  from  selling  or  furnishing 
pure  alcohol  for  medicinal,  art,  scientific  and  mechanical  pur- 
poses, nor  prohibit  the  sale  of  wine  or  cider  from  home-grown 
fruit  in  quantities  of  not  less  than  five  gallons,  nor  shall  the 
provisions  of  this  act  be  construed  to  prohibit  the  manufac- 
ture of  wine  or  cider,  nor  shall  the  provisions  of  this  act  be 
construed  to  prohibit  the  sale  at  wholesale  of  wine  or  cider 
manufactured  in  said  county  to  parties  who  reside  outside 
of  said  county. 

Am.   1899.   Act  183;   1903,  Act  170. 

Sections   16,    17,   18   and   19  contain  provisions  relative  to  the   enforcement 
of  the  act,  if  adopted  by  the  electors. 


Penalty  on 
certain  officers 
for  neglect  of 
duty. 


Compensation 
of  certain 
officers 


When  certain 
officers  to 
make  copy  of 
poll  list. 


(555)  §  5431.     SEIC.  20.     Any   township,   city,   or   county 
clerk,  member  of  the  board  of  registration,  inspector  of  elec- 
tion, supervisor  or  other  officer,  who  shall  refuse  or  wilfully 
evade  or  neglect  to  perform  any  of  the  duties  imposed  upon 
him  by  the  provisions  of  this  act,  shall,  upon  conviction  there- 
of, be  adjudged  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished by  a  fine  not  exceeding  two  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  six  months,  or 
both,  in  the  discretion  of  the  court. 

(556)  §  5432.     SBC.  21.     The  several  officers  required  to 
render  any  service  by  reason  of  this  act  shall  receive  the  same 
compensation  allowed  by  law  for  other  like  services  and  from 
the  same  sources,  and  the  fees  for  publishing  the  required 
notices  shall  be  allowed  by  the  board  of  supervisors  and  paid 
by  the  county. 

(557)  §  5433.     SEC.  22.     It  shall  be  the  duty  of  any  town- 
ship,  city  or  county  clerk  on  the  demand  of  any  qualified 
elector  in  the  county,  and  on  payment  or  tender  to  him  of  the 
fee  herein  prescribed,  to  make  out  within  a  reasonable  time 


ELECTION  LAWS.  181 


and  at  his  office  deliver  to  such  elector  a  true  and  certified 
copy  of  the  poll  list,  or  poll  lists  of  the  last  general  election 
held  in  his  township,  city  or  county,  on  file  in  his  office,  for 
which  he  shall  be  entitled  to  receive  at  the  rate  of  fifty  cents 
for  every  one  hundred  names. 

(558)  §  5434.     SEC.  23.     The  secretary  of  state  is  hereby  Secretary  of 
required  to  prepare  all  suitable  blank  statements  and  poll  p^e6 blank6" 
books  to  be  used  at  elections  held  under  this  act,  and  to  fur- 

nish  the  same  in  sufficient  numbers  upon  application  to  each 
county  clerk,  whenever  they  shall  be  needed  in  the  county.  And 
it  shall  be  the  duty  of  such  county  clerk,  whenever  such  elec- 
tion is  to  be  held  in  the  county,  to  make  requisition  upon  the 
secretary  of  state  for  a  sufficient  number  of  such  blank  state- 
ments and  poll  books,  and  at  least  ten  days  before  such  elec- 
tion distribute  and  deliver  the  same  to  the  several  township 
and  city  clerks  in  the  county. 

(559)  §  5435.     SEC.  24.     It  shall  be  the  duty  of  the  at-  Duty  of  attor- 
torney  general  to  draft,  or  cause  the  same  to  be  done,  under  draftgwank  l< 
his  supervision,  a  complete  set  of  all  the  blank  forms  that  f°rms- 
may  be  used  or  required  under  the  provisions  of  this  act;  and 

it  shall  be  the  duty  of  the  secretary  of  state  to  publish  and 
distribute  a  sufficient  number  of  copies  of  this  act  in  pam- 
phlet form,  with  an  appendix  containing  a  copy  of  all  such 
blank  forms. 

Section  25  was  added  in  1899,  Act  183,  and  relates  to  the  recording  of  sales 
of  liquors  by  druggists. 


CHAPTER  XIV.— PRIMARY  ELECTION  LAW. 

An  Act  relative  to  the  nomination  of  party  candidates  for  public  office,  and 
L   delegates  to  political  conventions,  in  certain  cases,  to  regulate  and  protect 
primary  elections,  and  to  prescribe  penalties  for  violation  of  the  provis- 
ions hereof. 

[Act  181  of  1905.] 

The  People  of  the  State  of  Michigan  enact: 
CHAPTER  I. 

OF    DIRECT    NOMINATIONS. 

(560)    SECTION  1.  In  any  city,  county,  legislative  district  orwhencandi- 
congressional   district  in  this  State,   whenever    an    election  noSnS  by 
shall  be  held  pursuant  to  the  provisions  of  this  act,  at  which  direct  vote- 
election  a  majority  of  the  qualified  voters  of  any  political 
party  voting  thereat  shall  vote  in  favor  of  the  direct  nomina- 
tion^ the  candidates  of  such  party  in  such  city,  county  or 
district,  thereafter  the  nomination  of  all  candidates  of  said 
party  for  election  at  the  November  election  to  any  elective 


182  STATE  OF  MICHIGAN. 


office  in  such  city,  county  or  district,  as  the  case  may  be, 
and  in  the  case  of  any  such  city  the  nomination  of  all  can- 
didates of  said  party  for  election  to  any  elective  office  in 
such  city  at  the  next  ensuing  city  election,  shall  be  made 
by  direct  vote  of  the  qualified  voters  of  such  political  party 
in  such  city,  county  or  district,  as  hereinafter  provided,  and 
such  method  of  nomination  of  the  candidates  of  said  party 
for  said  offices  shall  prevail  in  such  city,  county  or  district, 
until  a  majority  of  the  qualified  electors  of  such  political 
party  voting  on  said  proposition  at  an  election  held  pursuant 
to  law,  shall  vote  against  said  proposition  when  re-submitted 
voter  must  be  to  them  under  the  terms  of  this  act.     No  person  shall  vote 
at  such  primary  unless  he  shall  have  been  enrolled  as  here- 
Proposition      inafter  provided  as  a  member  of  said  political  party.     Said 
submmeT       proposition  may  be  re-submitted  and  decided  by  a  majority 
of  the  qualified  voters  of  any  political  party  voting  thereon 
in  any  such  city,  county  or  district,  in  the  same  manner,  at 
the  primary  election  held   in   such   city,   county  or  district 
on  the  second  Tuesday  of  June  preceding  any  general  Novem- 
ber election  as  hereinafter  mentioned.    The  provisions  herein 
made  for  the  submission  of  the  proposition  in  the  first  in- 
.  stance  shall  apply  to  the  re-submission  of  the  said  proposition 
when  primary  herein  provided  for.    Such  primary  election,  when  authorized 
to  be  held.       ag  aj)Ove>  for  ^e  nomination  by  direct  vote  of  the  candidates 
of  any  such  party,  shall  be  held  in  the  several  election  pre- 
cincts of  such   county  or  district,  as  the  case  may  be,  on 
the  first  Tuesday  in  September  preceding  any  November  elec- 
in  case  of        tion.    In  the  case  of  any  city,  said  primary  election  for  the 
nomination  of  city  offices,  when  authorized  as  above,  shall 
be  held  on  the  second  Tuesday  preceding  the  day  on  which 
the  officers  of  said  city  are  to  be  elected. 

Certain  words  (561)  SEC.  2.  The  words  "primary"  and  "primary  elec- 
tion"  shall  be  construed  to  mean  an  election  as  herein  pro- 
vided for,  to  decide  by  ballot  who  shall  be  the  nominees  of  any 
or  all  political  parties  for  the  next  ensuing  November  election, 
or  for  any  city  election,  and  delegates  to  conventions.  The 
word  "election"  shall  be  construed  to  mean  a  general  or  local 
Proviso.  election  as  distinguished  from  a  primary  election:  Provided, 
That  nothing  in  this  act  shall  apply  to  the  nomination  of 
any  circuit  or  supreme  judge. 

Notice  of  pri-        (562)   SEC.  3.   All  officers  required  by  law  to  give  notice  of 
3vey  etc!10 to    registration  shall  also  give  notice,  when  necessary,  that  a  pri- 
mary election  will  be  held,  and  shall  state  the  date,  the  place 
where  it  will  be  held  and  the  time  the  polls  shall  be  open, 
and  the  purposes  for  which  such  primary  will  be  held. 
Primary  eiec-        (563)    SEC.  4.     Primary   elections   shall,   except  as  herein 
conducted,       otherwise  provided,  be  conducted  and  regulated  as  near  as 
may  be  in  every  particular,  as  prescribed  by  law  for  the  regu- 
lation and  conduct  of  general  elections.   All  officers  required 
by  law  to  perform  any  duty,  or  to  provide  places,  ballot  boxes, 
and  equipment  and  supplies  for  general  elections,  are  like- 


ELECTION  LAWS. 


183 


wise  to  do  and  provide  for  primary  elections  with  the  like 
power  and  compensation.    All  expenses  of  primaries  shall  be  Expenses,  how 
defrayed  from  the  same  fund  from  which  are  defrayed  like  defrayed- 
expenses  of  election.  « 


CHAPTER  II. 

OP    PARTY    ENROLLMENT. 

(564)   SECTION  1.  A  party  enrollment  shall  be  taken  in  each  when  taken, 
election  district  of  this  State  of  the  voters  in  the  respective 
political  parties  in  the  following  described  manner:    At  the 
election  held  on  the  first  Monday  of  April,  nineteen  hundred 
six,  and  on  the  first  Monday  of  April  in  every  second  year 
thereafter,  in  each  election  district  of  this  State,  the  board 
of  election  inspectors  shall  make  an  enrollment  of  the  names 
of  all  persons  voting  at  said  election  who  apply  for  enroll- 
ment as   members  of  any   political  party.     Notice  of  such  Notice  of. 
enrollment  shall  be  included  in  the  notice  of  such  election. 
Such  enrollment  shall  be  made  in  a  separate,  suitable  book,  Manner  of 
in  which  the  names  shall  be  enrolled  in  alphabetical  order,  er 
such  book  to  be  furnished  by  the  Secretary  of  State  to  the  |^\ajyu°rf 
county  clerk  and  by  him  delivered  to  said  board  at  the  same  nishebookur~ 
time  and  in  the  same  manner  as  is  now  provided  by  law  for 
the  delivery  of  blanks  for  use  at  general  elections,  and  shall 
be  prepared  substantially  in  form  as  follows: 
Party  Enrollment  of  the  Voters  in 

County. 

City. 

Ward. 

.  .Elective  District. 


Form  of 


Date 

Enrolled  No. 

Name 

P.  0.  Add. 

Age 

Nativity 

Color 

St.  No. 

Party 
affiliations 

Removal 

Said  enrollment  book  shall  also  contain  blank  forms  of 
certificate  to  be  used  by  the  board  in  making  return  of  such 
enrollment  as  herein  provided. 

(565)  SEC.  2.  The  legal  custodian  of  the  general  registra- custodian  of 
tionbookof  each  election  district  shall  be  the  custodian  of  the 
party  enrollment  book  provided  for  herein.  Such  custodian, 
within  thirty  days  after  such  party  enrollment  in  nineteen 
hundred  six,  and  every  second  year  thereafter,  shall  make 
two  copies  thereof  and  shall  forward,  under  seal,  one  of  said 
copies  to  the  county  clerk  of  his  county,  and  one  copy  thereof 
to  the  Secretary  of  State,  to  each  of  which  copies  he  shall 


184 


STATE  OF  MICHIGAN. 


When  board  of 
registration  to 
review  enroll- 
ment book. 


Proviso. 


attach  his  certificate  that  the  same  is  a  true  and  correct 
copy  of  the  party  enrollment  in  his  election  district. 

(566)  SEC.  3.   At  the  usual  time  of  registration  before  the 
election  on  the  first  Monday  of  April,  nineteen  hundred  eight, 
and  every  second  year  thereafter,  the  board  of  registration 
in  each   election   district   shall  review  the  enrollment  book 
for  said  district  and  correct  the  same  in  the  same  manner 
as  corrections  are  made  in  the  book  of  registration  for  said 
district.     The   custodian   of   said  enrollment  book  shall  de- 
liver the  same  to  the  board  of  registration  for  the  purposes 
of  review  and  correction  as  herein  provided :    Provided,  That 
in  districts  in  which  no  election  is  held  on  the  first  Monday 
of   April,    nineteen   hundred   eight,    and   every   second   year 
thereafter,  the  board  of  registration  shall  review  the  said 
enrollment  book  for  said  district  and  make  such  corrections 
therein  as  herein  provided  on  the  day  specified  in  section  five 
hereof. 

(567)  SEC.  4.    The  board  of  election  inspectors  in  each  dis- 
trict at  which  the  election  referred  to  in  this  act  is  held,  shall 
appoint  a  suitable  person  to  act  as  an  enrolling  clerk,  and 
who,  under  the  direction  of  said  board,  shall  enroll  the  names 
of  such  qualified  voters  of  said  election  district  as  apply  for 
party    enrollment    as    hereinbefore    provided.     Such    enroll- 
ment clerk  shall  receive  the  same  compensation  and  be  paid 
in  the  same  manner  as  clerks  of  election  under  existing  law. 

(568)  SEC.  5.  In  any  election  district  of  this  State  in  which 
no  election  is  to  be  held  on  the  day  fixed  herein  for  making 
the  party  enrollment,  the  board  of  registration  shall  meet 
on  said  day,  and  remain  in  session  from  one  o'clock  until 
eight  o'clock  in  the  afternoon  of  said  day,  and  shall  enroll 
the  names  of  all  qualified  electors  of  said  district  making 
application  for  party  enrollment.     Notice  of  the  time  and 
place  of  such  meeting  of  said  board  of  registration,  and  that 
the  purpose  of  said  meeting  is  to  give  opportunity  for  party 
enrollment  of  the  qualified  voters  of  such  election  district, 
shall  be  given  as  in  case  of  the  annual  meeting  of  said  board 
of  registration. 

(569)  SEC.  6.     It  shall  be  the  duty  of  the  chairman  of  the 
board  having  in  charge  the  party  enrollment  in  any  election 
precinct,  to  cause  two  black  lines  to  be  drawn  across  the  page 
under  the  last  name  enrolled  under  each   alphabetical  let- 
ter  in   the   party   enrollment   book,   and   shall   cause   to   be 
written  between  said  lines  the  words,   "Last  name  enrolled 

under  this  letter  April ,  19. ."  filling  in  the 

date  of  said  enrollment. 

(570)  SEC.  7.  Any  person  who  was  a  qualified  voter  in  any 
election  district  in  this  State  on  the  day  of  enrollment  pro- 
vided for  in  this  chapter,  and  who  failed  to  have  his  name 
enrolled  on  that  day  by  reason  of  sickness  or  unavoidable 
absence   from  the  election   district,   and  who   is   a  qualified 
voter  in  said  district  at  the  time  of  the  primaries  thereafter 


Enrolling 
clerk,  who  to 
appoint. 


Compensation. 


When  enroll- 
ment made  in 
certain  dis- 
tricts. 


Notice  of. 


Last  name 
enrolled,  how 
Indicated. 


When  person 
may  cause 
name  to  be 
enrolled  on 
primary  day. 


ELECTION  LAWS.  185 


held  therein,  or  who  may  have  become  twenty-one  years 
of  age  after  the  day  of  enrollment,  may  have  his  name  en- 
rolled by  the  election  board  on  any  primary  day  upon  mak- 
ing oath  as  provided  in  the  general  election  law  in  relation 
to  registration  of  electors  on  election  days.  Any  person  Persons  enti- 
who  was  a  qualified  voter  in  any  election  district  in  this  enroinS 
State  on  the  day  of  enrollment  provided  for  in  this  chapter 
and  who  was  duly  enrolled  as  provided  herein,  who  has  had 
occasion  to  transfer  his  place  of  residence  to  an  election  dis- 
trict other  than  that  in  which  he  was  enrolled,  may  be  en- 
titled to  a  new  enrollment  in  such  election  district  and  be 
entitled  to  vote  therein :  Provided,  That  he  has  resided  in  Proviso. 
the  election  district  to  which  he  has  lately  removed  for  a 
period  of  twenty  days  and  that  he  obtain  from  a  member  of 
the  election  board  of  the  district  in  which  he  formerly  re- 
sided a  certificate  stating  that  he  was  duly  enrolled  in  such 
district  and  that  he  has  changed  his  residence  therefrom  to 
such  other  district  and  that  he  is  entitled  to  enrollment 
therein. 


CHAPTER  III. 

OF   SUBMISSION   OF  PROPOSITION. 

(571)  SECTION  1.    The  question  of  the  direct  nomination  by  whenpropo- 
any  political  party  of  its  candidates  for  city,  county,  legisla-  ^bStfed.  b< 
tive  or  congressional  district  offices,  shall  be  submitted  to  the 
qualified,  enrolled  electors  of  such  party  upon  petition  there- 
for, signed  by  enrolled  electors  of  such  political  party  con- 
stituting at  least  twenty  per  cent  of  the  qualified  enrolled 

voters  of  such  party  in  such  city,  county  or  legislative  or 
congressional  district :  Provided,  That  for  the  purposes  of  Proviso, 
this  section,  the  number  of  persons  belonging  to  any  political 
party  in  any  such  city,  county  or  district  shall  be  deemed 
to  equal  the  number  of  votes  cast  in  such  city,  county  or  dis- 
trict for  the  candidate  of  such  political  party  for  Governor 
at  the  last  preceding  November  election. 

(572)  SEC.  2.    The  petition  referred  to  in  the  preceding  sec-  Petj^on^to 
tion,  in  the  case  of  a  city  shall  be  addressed  to  the  city  clerk,  dressed*  " 
and  in  the  case  of  a  county,  or  legislative  district  wholly  with- 
in one  county,  shall  be  addressed  to  the  county  clerk;  and  in 

the  case  of  a  legislative  or  congressional  district  comprising 
more  than  one  county,  to  the  Secretary  of  State,  and  shall  when  deiiv- 
be  delivered  to  said  city  clerk,  county  clerk  or  Secretary  of 
State  at  least  thirty  days  before  the  second  Tuesday  of  June, 
mentioned  in  section  one  of  chapter  four  hereof. 

(573)  SEC.  3.    The  petition  mentioned  in  section  one  of  this  Object  of  pe- 
chapter  shall  embrace  but  a  single  object ;  that  is  to  say,  a  il 
submission   of  the  question  of  direct  nomination  of  candi- 
dates of  the  party  named  for  Representative  in  Congress,  or 

State  Senator,   or  Representative  in  the   State  Legislature, 
24 


186 


STATE  OF  MICHIGAN. 


Form  of. 


or  county  offices,  or  city  offices,  and  shall  be  substantially  in 

the  following  form: 

To  the  City  Clerk,  County  Clerk  (or  Secretary  of  State)  : 

We,  the  undersigned,  members  of  the   

party,  and  enrolled  as  such  in  the  party  enrollment  book  of 
the  election  district,  county,  respect- 
fully petition  that  the  question  of  direct  nomination  of  can- 
didates of  said  party  for shall  be  submitted 

to  the  qualified  voters  of  said  political  party  on  the  second 
Tuesday  of  June  next. 

(Signed)    


When  officers 
to  give  notice 
of  proposition. 


What  to  con- 
tain. 


Duty  of  elec- 
tion commis- 
sioners. 


Form  of 
ballot. 


Who  entitled 
to  vote. 


Votes,  how 
canvassed. 


When  question 
of  nominating 
candidates  for 
governor  and 
lieutenant 
governor  to  be 
submitted,  etc. 


Dated  ,  19... 

(574)  SEC.  4.    Upon  examination  of  said  petition,  if  said 
city  clerk,  county  clerk  or  secretary  of  state,  as  the  case  may 
be,  shall  find  that  twenty  per  cent  of  the  qualified  voters  of 
such  party  in  said  city,  county  or  district,  as  mentioned  in  sec- 
tion one  of  this  chapter  petition  therefor,  he  shall  give  notice 
in  such  manner  as  is  provided  by  law  for  giving  notice  of 
general  elections  in  this  ^tate,  that  at  the  primary  election 
to  be  held  pursuant  to  the  provisions  of  this  act  on  the  second 
Tuesday   of   June   thereafter,    the   proposition   will   be   sub- 
mitted to  the  qualified  voters  of  the  political  party  referred 
to  in  such  petition  or  petitions,  as  to  whether  the  nomination 
of   the   candidates    of   such    political    party   for   the    offices 
named  in  said  petitions  shall  be  made  thereafter  in  such  city, 
county  or  district,  by  direct  vote;  and  the  board  of  election 
commissioners  in  such  city  or  county,  or  in  each  of  the  coun- 
ties in  such  district,  as  the  case  may  be,  shall  cause  to  be 
printed  in  an  appropriate  place  on  the  ballot  of  said  party 
to  be  used  at  such  primary,  the  words 

"Direct  nomination  of  (here  name  party)  candidates  for 
offices. 

[]     Yes. 

[]     No. 

A  separate  line  shall  be  printed  on  said  ballot,  as  above, 
to  enable  each  proposition  petitioned  for,  according  to  the 
provisions  of  this  chapter,  to  be  voted  on  by  itself.  No  per- 
son shall  vote  at  such  primary  unless  he  shall  have  been  en- 
rolled as  provided  in  section  one  or  section  seven  of  chapter 
two  hereof,  as  a  member  of  such  political  party.  The  votes 
cast  at  such  primary  election  shall  be  canvassed  and  returns 
thereof  made  in  like  manner  as  is  provided  for  the  canvassing 
of  votes  and  the  making  of  returns  of  any  general  election 
held  in  such  city,  county  or  district,  by  the  terms  of  existing 
law. 

(575)  SEC.  5.    The  question  of  nominating  candidates  for 
the  offices  of  governor  and  lieutenant  governor  shall  be  sub- 
mitted to  the  enrolled  voters  of  each  political  party  at  the 
primary  election  held  on  the  second  Tuesday  of  June,  nine- 
teen hundred  six,  in  the  same  manner  and  under  the  same 


ELECTION  LAWS.  187 


regulations  as  is  provided  for  submitting  the  question  of 
direct  nominations  in  counties  or  legislative  or  congressional 
districts,  except  as  to  petitioning  for  submission  in  the  first 
instance,  and  if  a  majority  of  the  enrolled  voters  of  any  politi- 
cal party  voting  thereon  shall  vote  therefor;  said  party  shall 
nominate  candidates  for  the  offices  of  Governor  and  Lieuten- 
ant Governor  in  said  manner  at  the  general  primary  election 
thereafter  held  as  provided  by  this  act.  All  of  the  provisions  Manner  of  con- 
of  this  act  for  the  preparation  of  petitions  for  nominations,  Jlariesf  prep- 


and  all  of  the  provisions  of  this  act  for  the  preparation  of  a™11?1*  of 

„        .  ,  ,  ballots,  etc 

ballots  and  for  the  conducting  of  said  primary  election  and 

for  the  canvassing,  certifying  of  the  returns  thereof  and  any 

contest  or  recount  shall  apply  to  primaries  held  pursuant 

to  the  provisions  of  this  section,  which  said  primaries  shall 

be  conducted  as  the  case  may  be  in  accordance  with  the  pro- 

visions of  this  act  and  with  the  provisions  of  the  general 

election   law   when  not  in   contravention  of  any  provisions 

of  this  act,  except  that  the  Secretary  of  State  and  Board 

of   State  Canvassers  shall  perform  the  necessary  duties  in 

place  of  the  county  canvassers,  as  herein  provided  :   Provided, 

That  such  method  of  nomination  of  the  candidates  of  said  Of  question 

party  for  said  offices  of  Governor  and  Lieutenant  Governor 

shall  prevail  until  a  majority  of  the  qualified  electors  of  such 

political  party  voting  on  said  proposition  at  an  election  held 

pursuant  to  law  shall  vote  against  such  proposition  when 

re-submitted  to  them  on  petition  addressed  to  the  Secretary 

of  State  by  at  least  twenty  per  cent  of  the  enrolled  electors 

of  such  political  party  in  the  State  under  the  terms  of  this 

act  :    And  provided  further,  That  the  candidate  receiving  the  Further 

plurality,  and  at  least  forty  per  cent  of  the  votes  cast  by  his  Vr00t™°eces_ 

party  for  any  office  named  in  this  section  at  any  primary  held  sary  to  nomi- 

pursuant  to  the  provisions  thereof,  shall  be  the  nominee  of  n< 

said  party  for  said  office  at  the  next  ensuing  general  Novem- 

ber election.  • 

(576)    SEC.  6.    The  nomination   of  candidates  in  nineteen  Nominations 
hundred  six  of  all  political  parties  for  the  offices  named  in 
section  five  of  this  chapter  shall  be  made  at  the  primary  elec- 
tion held  on  the  second  Tuesday  of  June,  nineteen  hundred  six, 
in  the  same  manner  and  under  the  same  conditions  as  nomi- 
nations for  office  may  be  made  at  September  primaries  pur- 
suant to  the  provisions  of  this  act  as  if  the  question  of  nomi- 
nating such  candidates  for  State   offices   had  already  been 
submitted  and  decided  affirmatively  by  a  majority  of  each 
of  said  political  party  voting  thereon  :     Provided,  That  in  Proviso. 
case  the  question  of  direct  nomination  of  candidates  for  said  when  ca 
oflfices  submitted  pursuant  to  the  provisions  of  section  five  nominee  of  po- 
of this  chapter  shall  be  decided  affirmatively  by  a  majority  U1 
of  any  political  party  voting  thereon  at  said  primary  election 
the  candidates  of  said  party  for  the  said  offices  receiving  such 
plurality  and  at  least  forty  per  cent  of  the  votes  cast  by 
said  party  for  each  of  the  said  offices  respectively  shall  be 


188 


STATE  OF  MICHIGAN. 


the  nominees  of  said  party  for  the  said  offices  respectively 
and  shall  be  the  nominee  of  said  party  for  the  said  offices  to 
be  voted  for  at  the  general  November  election  to  be  held  in 
in  case  propo-  nineteen  hundred  six,  but  if  said  proposition  shall  fail  of 
oftiadoptiori.fal1  adoption  by  any  political  party  the  candidates  of  such  party 
to  be  voted  for  at  such  November  election  shall  be  nomi- 
nated and  certified  the  same  as  if  this  act  had  not  been 
passed:  And  provided  further,  That  in  the  case  of  any  of 
the  said  offices  if  no  candidate  receives  a  plurality,  and  at 
least  forty  per  cent  of  the  votes  cast  by  his  party  at  said  pri- 
mary for  said  offices,  said  political  party  shall  nominate  its 
candidate  for  said  office  and  certify  such  nomination  in  the 
same  manner  as  if  this  act  had  not  been  passed.  The  pro- 
visions of  section  nine  of  chapter  five  relating  to  the  chal- 
lenging of  electors  shall  apply  with  equal  force  at  the  June 
primaries  provided  for  by  this  chapter. 


Further 
proviso. 
When  candi- 
date fails  to 
receive  plu- 
rality, etc. 


CHAPTER  IV. 


OF    ELECTION    OF    DELEGATES. 


General  pri- 
mary election, 
when  held. 


Delegates, 
election  of. 


How  conduct- 
ed. 


Vacancy, 
how  filled. 


Who  to  appor- 
tion delegates 


How  appor- 
tioned. 


Challenge  of 
electors 


(577)  SECTION  1.  A  general  primary  election  shall  be  held 
in  every  election  district  in  the  State  on  the  second  Tuesday  of 
June,  nineteen  hundred  six,  and  on  the  second  Tuesday  of 
June  in  every  second  year  thereafter,  at  which  time  there 
shall  be  elected  by  direct  vote  of  the  qualified  enrolled  voters 
of  each  political  party  in  such  election  district  as  many 
delegates  as  each  political  party  in  such  district  shall  be 
entitled  to  by  the  call  issued  by  the  county  committee  of 
such  political  party  to  the  county  convention  thereafter  to 
be  held  by  such  political  party  in  said  county  in  that  year 
for  the  purpose  of  electing  delegates  to  the  State  convention 
to  nominate  candidates  for  State  offices.  Such  primary 
election  shall  be  conducted  as  nearly  as  may  be  in  the  same 
manner  as  general  elections  are  conducted  and  by  the  same 
officers;  and  in  case  of  any  vacancy  in  any  delegation  from 
any  election  district  to  the  county  convention,  such  vacancy 
shall  be  filled  by  delegates  present  from  such  election  dis- 
trict. The  State  Central  Committee  of  each  political  party, 
at  least  thirty  days  before  the  holding  of  the  primary  elec- 
tion provided  for  in  this  chapter,  shall  certify  to  the  board 
of  election  commissioners  of  each  county  the  number  of  dele- 
gates to  which  such  county  shall  be  entitled  in  the  State 
convention  of  such  party,  and  said  State  Central  Committee 
shall  apportion  such  delegates  to  the  several  counties  in  pro- 
portion and  according  to  the  number  of  votes  cast  for  the 
candidate  of  such  party  for  Governor  in  each  of  said  coun- 
ties respectively  at  the  last  preceding  November  election. 
The  provisions  of  section  nine  of  chapter  five  relating  to  the 
challenging  of  electors  shall  apply  with  equal  force  at  the 


ELECTION  LAWS.  189 


June  primaries  provided  for  by  chapters  three  and  four  of 
this  act. 

(578)  SEC.  2.    It  shall  be  the  duty  of  the  board  of  election  Baii9ts>  who  to 
commissioners  in  each  county  to  prepare  and  furnish  the  bal-  SSSfeic0?™' 
lots  to  be  used  at  said  primary  election.    Such  ballots  shall 

contain  the  name  of  the  party  for  which  they  are  to  be  used, 

the  voting  precinct  and   county,   the  instruction  as  to  the 

method  of  voting,  and  at  least  as  many  lines  thereon  as  there 

are  delegates  to  be  elected  in  the  different  voting  precincts. 

The  ballots  shall  be  prepared  as  nearly  as  may  be  as  to  color 

and  size  as  provided  in  section  seven  of  chapter  five  of  this 

act,  and  no  vote  shall  be  counted  for  delegates  to  any  party  certain  votes 

convention  that  is  not  cast  upon  a  ballot  prepared  for  such  nc 

political  party  as  herein  provided. 

(579)  SEC.  3.  The  chairman  of  the  county  committee  of  each  chairman  of 
political  party  shall  certify  to  the  board  of  election  com-  See,  Smcer- 
missioners  of  his  county  at  least  ten  days  before  the  holding  deJe^tSber  °f 
of  such  primary  election,  the  number  of  delegates  to  which 

each  election  district  in  said  county  will  be  entitled  at  the 
county  convention  of  said  political  -  party  to  be  held  in  said 
county  in  said  year,  for  the  purpose  of  electing  delegates  to 
the  State  convention  of  said  political  party  as  provided  in 
section  one  of  this  chapter. 

(580)  SEC.  4.    All  the  ballots  designed  for  use  at  any  pri-  Color  of  bai- 
mary  election  held  pursuant  to  the  provisions  of  this  chapter, 

shall  be  printed  on  different  colored  paper  for  each  politi- 
cal  party,   in   the  same  manner  as   is  ^  provided   in  section 
seven,  chapter  five  of  this  act.     And  all  the  provisions  of  Sections  reiat- 
sections  three  and  four  of  chapter  one,  and  section  nine  of  Sf ,  baSsf ct< 
chapter  five  of  this  act,  relating  to  the  board  of  election  in-  etc- 
spectors,  ballots,  ballot  boxes,  tally  sheets,  etc.,  shall  apply 
to  elections  held  under  the  provisions  of  this  chapter. 

(581)  SEC.  5.    The  provision  of  section  ten  of  chapter  five  Plurality  vote 
hereof  shall  be  applicable  so  far  as  consistent  with  the  provi- 

sions  of  this  chapter  to  any  primary  election  held  pursuant  to 
the  provisions  of  this  chapter,  and  the  persons  receiving  the 
highest  number  of  votes  for  delegates  at  said  primary  shall  be 
declared  by  the  board  of  election  inspectors  to  be  elected. 
Said  board  shall  certify  to  the  county  clerk  the  names  of 
the  persons  so  elected  as  delegates,  naming  the  political  elected 
party  upon  whose  ballot  such  persons  were  elected. 

(582)  SEC.  6.    The  county  conventions  of  all  political  par- county  con- 
ties,  for  the  election  of  delegates  to  the  State  convention  f or  when°5eid. 
the  nomination  of  State  officers,  shall  be  held  within  seven 

days  after  the  primary  election  held  pursuant  to  the  provisions 

of  this   chapter.     All   such   county   conventions  of  any  one  g^^J*1^ 

political  party  shall  be  held  on  the  same  day,  such  day  to  namedate  of 

be  designated  by  the  State  Central  Committee  of  such  politi-  cc 

cal  party  in  its  call  for  the  State  convention  to  nominate 

candidates  for  State  officers.     The  place  of  meeting  of  such 

county  conventions  shall  be  designated    in    the    call    issued 


190 


STATE  OF  MICHIGAN. 


therefor  by  the  respective  county  committees  of  such  politi- 
when  dele-  cal  party.  At  such  county  conventions  respectively,  the  num- 
oSiventionate  Der  of  delegates  to  which  each  such  county  is  entitled  in  the 
chosen  State  convention  of  the  party  according  to  the  apportion- 

ment set  forth  in  the  call  for  such  State  convention  by  the 
State  Central  Committee  of  said  party,  shall  be  chosen. 

(538)  SEC.  7.  The  State  conventions  of  all  political  parties 
for  the  nomination  of  candidates  for  State  officers  shall  be  held 
within  sixty  days  after  the  second  Tuesday  in  June  preced- 
ing any  general  November  election,  the  particular  day  and 
the  place  of  meeting  to  be  designated  by  the  State  Central 
Committees  of  the  political  parties  respectively,  in  the  calls 
for  said  State  conventions,  which  said  calls  shall  be  issued 
on  or  before  the  first  day  of  July  aforesaid. 


State  conven- 
tions, when 
held,  etc. 


CHAPTER  Y. 


OF    NOMINATION    OF    CANDIDATES. 


Time  and 
place  of  hold- 
mg  primaries. 


Proviso  as 
to  certain 
counties. 


Number  of 
votes  neces- 
sary to  nomi- 
nate. 


City  offices : 
Nomination 
papers,  where 
filed;  signa- 
tures neces- 
sary. 


County  offices, 


(584)  SECTION  1.    Primary  elections  held  within  any  city, 
county,  legislative  district  or  congressional  district,  the  elec- 
tors of  any  political  party  or  parties  of  which  have  decided, 
pursuant  to  the  provisions  of  this  act,  in  favor  of  the  direct 
nomination  of  party  candidates  for  city,  county  or  district 
offices,  shall  be  held  for  the  purpose  of  selecting  such  candi- 
dates of  such  political  party  or  parties  at  the  time  and  place 
and  in  the  manner  in  this  act  provided,  and  not  otherwise: 
Provided,  That  the  provisions  of  this  chapter  shall  not  apply 
to,  or  be  operative  in  the  counties  of  Alpena,  Kent,  Muske- 
gon  and  Wayne,  except  where  such  counties  or  parts  of  coun- 
ties form  a  part  of  a  congressional  or  legislative  district, 
in  which  case  the  provisions  of  this  chapter  shall  be  in  effect 
in  said  county  or  parts  of  counties  in  regard  to  the  nomi- 
nation of  candidates  for  Representative  in  Congress  or  State 
Senator  in  the   State  Legislature.     The  candidates  who  re- 
ceive the  greatest  number  of  votes  on  any  party  ballot  for 
each  of  such  offices  at  any  primary,  shall  be  the  nominees  of 
such  party  for  the  ensuing  election. 

(585)  SEC.  2.  To  obtain  the  printing  of  the  name  of  any  can- 
didate of  any  such  political  party  for  a  city  office  for  any 
primary   election   held   pursuant   to   provisions   of  this  act, 
there  shall  be  filed  with  the  clerk  of  the  city,  nomination 
papers   signed  by   a  number   of  qualified   electors  who   are 
enrolled  in  the  party  enrollment  of  said  party  and  who  reside 
in  the  city  in  which  the  election  is  to  be  held  for  the  office 
named  therein  equal  to  at  least  two  per  cent  of  the  number 
of  votes  that  such  party  cast  therein  for  Governor  at*  the 
last  preceding  November  election.     To  obtain  the  printing 
of  the  name  of  any  candidate  of  any  such  political  party  for 
a  county  office  upon  the  ballots  for  any  primary  election 


ELECTION  LAWS.  191 


held  pursuant  to  the  provisions  of  this  act,  there  shall  be 
filed  with  the  clerk  of  the  county  nomination  papers  signed 
by  a  number  of  qualified  electors  who  are  enrolled  in  the 
party  enrollment  of  said  party,  and  who  reside  in  the  county 
in   which  the  election   is   to  be  held,   for  the  office  named 
therein,  equal  to  at  least  two  per  cent  of  the  number  of  votes 
that  such  party  cast  therein  for  Governor  at  the  last  pre- 
ceding November  election.     To    obtain    the   printing    of    the  Distrct  office, 
name  of  any  candidate  of  any  such  political   party  for  a  fesTtha^one 
district  office  in  any  district  comprising  less  than  one  county,  county- 
nomination  papers  signed  by  a  number  of  qualified  electors 
who  are  enrolled  in  the  party  enrollment  of  said  party  in  said 
district  for  an  office  named  therein  equal  to  at  least  two  per 
cent  of  the  number  of  votes  that  such  party  cast  in  said  dis- 
trict for  Governor  at  the  last  preceding  November  election, 
shall  be  filed  with  the  county  clerk  of  said  county,  and  in 
the  case  of  a  district  office  in  a  district  comprising  more  District  office, 
than  one  county  to  obtain  the  printing  of  the  name  of  any  moTthaif 
candidate  of  any  such  political  party  upon  the  ballot,  there  one  county, 
shall  be  filed  with  the  clerk  of  each  county,  in  such  district 
nomination  papers  signed  by  a  number  of  qualified  electors 
residing  in  such  county  and  who  are  enrolled  in  the  party 
enrollment  of  said  party,  equal  to  at  least  two  per  cent  of 
the  number  of  votes  that  such  party  cast  therein  for  Gov- 
ernor at  the  last  preceding  election.     And  in  the  case  of  a  state  offices. 
State  officer,  to  obtain  the  printing  of  the  name  of  any  can- 
didate  of  any  such   political   party   upon   the  ballot,  there 
shall  be  filed 'with  the  Secretary  of  State  nomination  papers 
signed  by  a  number  of  qualified  electors  residing  in  the  State 
and  who"  are  enrolled  in  the  party  enrollment  of  said  party, 
equal  to  at  least  two  per  cent  of  the  number  of  votes  that 
such  party  cast  therein  for  Governor  at  the  last  preceding 
election.     Nomination  papers  of  candidates  of  new  parties  Nomination 
shall  be  signed  by  electors  residing  in  such  city,  county  or 
district  as  the  case  may  be,  equal  in  number  to  one  per  cent 
of  the  total  vote  cast  for  Governor  in  such  county  or  dis- 
trict at  the  last  preceding  November  election.     All  nomina-  £ 
tion  papers  shall  be  substantially  in  the  following  form : 

We,  the  undersigned,  qualified  electors  of  the 

election  district  of  the  city  of ,  or  of  the 

township  of  ,  in  the  county  of 

and  State  of  Michigan,  and  enrolled  members  of  the 

party,  hereby  nominate ,  who  resides  at 

No street,  city  of ,  or  in  the  town- 
ship of   in  the  county  of   

as  a  candidate  of  the party  for  the  office  of 

to  be  voted  for  at  the  primary  election 

to  be  held  on  the  day  of  

as  representing  the  principles  of  said  party,  and  we  further 
declare  we  intend  to  support  the  candidate  herein  named. 


192 


STATE  OF  MICHIGAN. 


Name. 

Residence. 

St.  number  (in  Cities.) 

Date  of  signing. 

Elector  to  sign 
but  one  paper; 
exception 


Declaration 
of  signer. 


Nomination 
papers,  when 
Hied 


Clerks  to  pre- 
pare a  list  of 
candidates. 


Keep  record  of 

nomination 

papers. 


Clerks  to  cer- 
tify names  of 
all  candidates. 


Election  com- 
missioners, 
duty  of 


Number  of 
ballots  to  be 
printed. 


Proof  copies, 
where  filed, 
etc. 


Secretary  of 
State  to  print 
pamphlet    $ 
copies  of  this 
act. 


Each  signer  of  said  nomination  papers  shall  sign  but  one 
such  paper  for  the  same  office,  except  where  there  are  two 
or  more  to  be  nominated  and  elected  to  the  same  office,  when 
he  may  sign  as  many  papers  as  there  are  persons  to  be 
elected  to  such  office.  He  shall  therein  declare  that  he  in- 
tends to  support  the  candidate  named  therein,  adding  his 
residence,  with  the  street  and  number,  if  any,  and  the  date 
of  signing,  and  this  paragraph  shall  be  printed  in  full  at 
the  top  of  each  nomination  paper.  The  above  mentioned 
clerks  shall  keep  on  hand  printed  forms  for  such  primary 
petitions  and  nomination  papers. 

(586)  SBC.  3.  The  respective  city  clerk  or  county  clerk  shall 
receive  nomination  papers  filed  in  accordance  herewith,  up 
to  four  o'clock  in  the  afternoon  of  the  fifteenth  day  before 
the  day  of  a  primary  election,  for  the  nomination  of  candi- 
dates for  office,   and  shall  forthwith   prepare  and  publicly 
expose  in  his  office  a  list  of  the  candidates  for  offices,  named 
in  the  nomination  papers  filed  in  his  office,  under  the  head- 
ings of  party  and  office  as  near  as  may  be  as  they  will  appear 
upon  the  primary  ballots.     Such  clerks  shall  keep  a  public 
record  of  the  nomination  papers,  filed  in  a  book,  with  the 
columns  in  which  shall  be  entered  respectively,  the  dates, 
the  names  of  the  candidates  and  the  offices  sought.     Said 
book  shall  state  the  number  of  electors  signing  nomination 
papers  for  each  candidate.    The  said  clerks  respectively  shall 
forthwith,  after  the  last  day  for  receiving  and  filing  nomina- 
tion papers,  certify  to  the  proper  board  of  election  commis- 
sioners the  names  of  all  candidates  mentioned  in  said  nomi- 
nation papers,  together  with  the  name  of  the  party  and  the 
office  stated. 

(587)  SEC.  4.    The  board  of  election  commissioners  of  any 
city  or  county  shall  cause  to  be  printed  upon  the  ballots  of 
any  political  party  for  any  primary  at  which  candidates  of 
such  political  parties  are  to  be  nominated  by  direct  vote,  the 
names   of   all   candidates   for   such   offices   in   whose   behalf 
the  requirements  of  this  act  shall  have  been  fulfilled  and  no 
others.     The  number  of  ballots  to  be  printed  for  the  use  of 
each  political  party  at  a  primary  election  in  any  election  dis- 
trict shall  be  at  least  fifty  per  cent  more  than  the  total  num- 
ber of  votes  cast  therein  at  the  last  presidential  election  by 
such  party.     Proof  copies  of  the  primary  ballot  shall  be  on 
file  at  the  office  of  the  count}*"  clerk  or  city  clerk,  as  the 
case  may  be,  for  public  inspection  at  least  three  days  before 
the  primary.     It  shall  be  the  duty  of  the  Secretary  of  State 
to  cause  to  be  printed  pamphlet  copies  of  this  act  and  to 
furnish  to  the  county  clerk  of  any  county  and  to  the  city 


ELECTION  LAWS.  193 


clerk  of  any  city  in  which  any  political  party  shall  here- 
after adopt  direct  voting,  as  provided  for  by  this  act,  a 
sufficient  number  of  copies  thereof  to  enable  said  clerk  to 
furnish  at  least  two  copies  to  each  board  of  election  inspec- 
tors, in  his  city  or  county  at  the  same  time  the  other  supplies 
are  furnished. 

(588)    SEC.  5.    The  ballots  for  primary  election  shall  be  Election  corn- 
printed  by  the  respective  boards  of  election  commissioners  as  JSm°baUots° 
follows :  At  the  top  of  the  ballot  shall  be  printed  in  large  type  General 
the   words  "Official  Primary  Ballot."     Underneath  shall  befonnof- 
printed  the  date  of  the  election  at  which  the  ballot  is  to  be 
used,  followed,  when  necessary  by  the  designation  of  the  po- 
litical subdivision,  as  county,  district,  city,  ward,  etc.    Then 
shall  follow,  in  bold  faced  type,  the  name  of  the  political 
party,  the  candidates  of  which  are  printed  on  the  ticket.    Un- 
derneath that  shall  appear  these  instructions:  "Make  a  cross 
in  the  square  to  the  left  of  as  many  names  for  each  office  as 
is  indicated  under  the  title  of  such  office."     The  ballots  for  HOW  num- 
such  election  district  shall  be    numbered    consecutively,    as bered- 
provided  for  the  numbering  of  ballots  by  the  general  election 
law.     All  names  of  candidates  of  each  political  party  shall  Names  of  can- 
be  printed  on  a  separate  ballot,  and  said  ballot  shall  be  in  0;  oaffices?r 
one  or  more  columns,  as  may  be  determined  by  the  election  title>  etc- 
commissioners   in   making  up   the   same.     The  order  of  the 
offices  on  the  ballot  shall  be  the  same  as  is  required  by  law 
in  making  up  the  ballot  for  an  election.     The  title  of  the 
office  shall  be  immediately  above  the  names  of  the  candidate 
or  candidates  for  such  office,  and  under  such  title  the  words 
"Vote  for"   followed  by  the  word  "one"   "two"  or  a  word 
designating  the  number  of  persons  under  that  head  to  be 
voted  for.     The  names  of  the  different  candidates  shall  be 
separated  from  each  other  by  a  light-faced  rule,  with  a  square 
at  the  left  of  the  name,  and  the  spaces  devoted  to  the  several 
offices  shall  be  separated  by  a  black-faced  rule  to  separate 
each  position  clearly.    If  two  or  more  columns  are  used  on  a 
ballot,  the  columns  shall  be  separated  by  a  black  line  one- 
sixth  of  an  inch  wide.    The  names  under  heading  designating 
each  official  position  shall  be  alternated  on  the  ballots  of 
each  party  casting  at  least  five  per  cent  of  the  vote  cast  in 
the  county  or  political  subdivision  at  the  preceding  Novem- 
ber election,  and  printed  in  the  following  manner : 

First,  The  forms  shall  be  set  up  with  the  names  of  such  Printing  of 
candidates   arranged   alphabetically,   in   order   according  to  a5™rnatedWetc. 
surnames.     In  printing  each  set  of  tickets  for  the  several 
election  districts,  the  positions  of  the  names  shall  be  changed 
in  each  office  division,  as  many  times  as  there  are  candidates 
in  the  office  division  in  which  there  are  the  most  names.    As 
nearly  as  possible  an  equal  number  of  tickets  shall  be  printed 
after  each  change.     In  making  the  changes  of  position,  the 
printers  shall  take  the  line  of  type  at  the  head  of  each  office 
25 


194 


STATE  OF  MICHIGAN. 


division  and  place  it  at  the  bottom  of  the  division,  and  shove 
up  the  column  so  that  the  name  that  before  was  second  shall 
be  first  after  the  change.  After  the  ballots  are  printed,  and 
before  being  trimmed,  they  shall  be  kept  in  separate  piles, 
the  one  pile  for  each  change  of  position,  and  shall  then  be 
piled  by  taking  one  from  each  pile  and  placing  it  upon  the 
pile  to  be  trimmed,  the  intention  being  that  every  other  ballot 
in  such  pile  shall  have  the  names  in  a  different  position. 
After  the  pile  is  made  in  this  manner,  the  ballots  shall  be 
numbered  consecutively  on  the  upper  right  hand  corner  upon 
the  front  of  the  ballot,  with  a  perforated  line  across  said 
corner,  underneath  the  said  number,  so  that  the  corner  with 
the  number  can  be  torn  off.  After  that  the  ballots  shall  be 
trimmed,  and  done  up  in  sealed  packages  and  distributed  for 
use  at  the  primary  election  the  same  as  is  required  by  law 
for  the  distribution  of  ballots  at  the  general  election.  The 
ballots  shall  be  in  the  form  provided  herein,  and  annexed 
hereto,  as  nearly  as  possible: 


When  num- 
bered. 


When  trim- 
med and 
sealed. 


ELECTION  LAWS. 


195 


No. 


OFFICIAL  PRIMARY  BALLOT. 

Primary  Election _ 

Party. 

Make  a  cross  in  the  square  [X]  in  front  of  as  many  names  for  each  office  as  is  indi- 
cated under  the  title  of  such  office. 


CONGRESSIONAL. 

COUNTY. 

Representative  in  Congress,  District. 
Vote  for  One. 

Judge  of  Probate. 
Vote  for  One. 

D 

JOHN  DOE 

D 

JOHN  DOE 

D 

RICHARD  DOE 

D 

RICHARD  DOE 

D 

JOHN  SMITH 

D 

JOHN  SMITH 

State  Senator,  District. 
Vote  for  One. 

Sheriff. 
Vote  for  One. 

D 

JOHN  DOE 

D 

JOHN  DOE 

n 

RICHARD  DOE 

D 

RICHARD  DOE 

D 

JOHN  SMITH 

D 

JOHN  SMITH 

n 

WILLIAM  BROWN 

D 

WILLIAM  BROWN 

Representatives  in  State  Legislature, 
District. 

Vote  for  Three. 

Circuit  Court  Commissioners, 
Vote  for  Two. 

D 

JOHN  DOE 

D 

JOHN  DOE 

D 

RICHARD  DOE 

D 

RICHARD  DOE 

D 

JOHN  SMITH 

n 

JOHN  SMITH 

D 

WILLIAM  BROWN 

D 

WILLIAM  BROWN 

n 

CHARLES  WHITE 

n 

CHARLES  WHITE 

n 

JAMES  BLACK 

n 

JAMES  BLACK 

196 


STATE  OF  MICHIGAN. 


Color  of  bal- 
•ots 


Size. 


Inspectors, 
who  to  con- 
stitute. 


When  ballots 
and  supplies  to 
be  delivered 


The  arrangement  of  the  names  of  candidates  for  other 
offices  shall  be  substantially  in  the  same  form  as  above. 
General  laws  (589)  SEC.  6.  All  primary  elections  for  the  nomination  of 
candidates  for  office  shall  be  held  by  election  districts  or  pre- 
cincts as  general  elections  are  held,  and  the  polls  thereof 
shall  be  kept  open  in  the  respective  precincts  for  the  same 
length  of  time. 

(590)  SBC.  7.   All  the  ballots  designed  for  use  .at  any  pri- 
mary election  held  for  the  nomination  of  candidates  for  office 
shall  be  printed  on  different  colored  paper  for  each  political 
party.    Ballots  for  the  Republican  party  shall  be  printed  in 
black  ink,  upon  a  good  quality  of  white  paper.  Ballots  for  the 
Democratic  party  shall  be  printed  in  black  ink  upon  a  good 
quality   of  blue   paper.     Ballots   for  the  Prohibition   party 
shall  be  printed  in  black  ink  upon  a  good  quality  of  red 
paper,  and  if  there  are  other  political  parties,  the  board  of 
election    commissioners    shall   print    all   ballots   therefor   in 
black  ink,  upon  a  different  colored  paper  from  that  as  above 
designated.    The  size  of  all  ballots  shall  be  such  as  the  said 
board  shall  prescribe. 

(591)  SBC,  8.    Each  primary  election  shall  be  presided  over 
by  a  board  of  primary  election  inspectors,  which  board  shall 
be  composed  of  the  members  of  the  board  of  election  inspectors 
provided  for  under  the  general   election   law.     The  ballots 
herein  provided  for,  together  with  the  necessary  pencils,  tally 
sheets,  etc.,  necessary  to  carry  on  said  election,  shall  be  de- 
livered by  the  board   of  county  election  commissioners,   at 
the  office  of  the  county  clerk  or  by  the  board  of  city  election 
commissioners  at  the  office  of  the  city  clerk,  as  the  case  may 
be,  to  a  member  of  the  board  of  primary  election  inspectors 
of  each  ward  or  voting  precinct  in  the  city  or  county,  at  least 
three  days  prior  to  the  day  designated  as  primary  election 
day.     The  provisions  of  the  general  election  law  relative  to 
the  furnishing  of  ballots,   tally  sheets,   pencils    and    ballot 
boxes  shall  be  applicable  hereto,  except  in  so  far  as  the  pro- 
visions of  this  act  may  be  inconsistent  therewith. 

(592)  SEC.  9.   After  the  polls  are  opened  at  a  primary  elec- 
tion any  elector,  who  is  legally  qualified  and  enrolled  as  here- 
inbefore provided,  shall  before  entering  the  booth  be  given  a 
ballot  of  the  political  party  with  which  he  is  enrolled.     It 
shall  be  incumbent  upon  him  to  state  to  the  inspector  of 
election,  having  in  charge  the  giving  of  ballots  to  electors, 
the  party  ballot  hev  desires,  which,  if  he  is  enrolled  as  a  mem- 
ber of  said  party  and  if  his  right  to  vote  that  ballot  is  not 
challenged,  he  shall  be  entitled  to  receive  forthwith.    It  shall 
be  competent  for  any  elector  or  inspector  of  primary  elec- 
tion present  to  challenge  the  right  of  any  one  offering  to 
vote,  on  the  ground  that  he  is  not  a  legal  voter  in  that  dis- 
trict, or  that  he  belongs  to  a  political  party  other  than  that 
whose   ballot   he  has   asked   for.     When   the   right   of   any 
voter  to  a  ballot  is  challenged  he  shall  be  required  to  make 


General  laws 
to  govern, 
relative  to 
supplies - 


Voter  given 
ballot  of  his 
political  party 


Must  state 
.party  ballot 
desired. 


Right  of 
challenge 


Challenged 
voter  to  make 
oath. 


ELECTION  LAWS.  197 


oath  that  he  will  be  entitled  to  vote  in  that  precinct  at  the 
next  ensuing  election,  and  that  he  is  in  sympathy  with  the 
political  party  whose  ballot  he  has  asked  for.     Such  oath  Form  of  oath 
shall  be  in  the  following  form: 

You   do   hereby  solemnly  swear  that  you  are  a  resident 

and  qualified  voter  in  the  township  of  ,  or 

election  district  or  dis- 
trict or ward  of  the  city  of ; 

that  you  are  in  sympathy  with  the  principles  of  the 

party ;  that  you  are  enrolled  as  a  member  thereof 

in  the  party  enrollment  in  said  township  or  ward,  or  election 
district,  and  expect  to  vote  the  ticket  of  that  party  at  the 
next  ensuing  election. 

When  the  challenged  voter  has  taken  said  oath,  he  shall 
then  receive  the  ballot  asked  for,  and  be  entitled  to  vote,  the 
same  as  if  his  vote  had  not  been  challenged.     The  elector  Manner  of 
after  having  received  his  ballot,  shall   enter  a  booth,   and votmg- 
while  there  concealed  from  view  prepare  such  ballot  by  mak- 
ing a  cross  in  the  square  at  the  left  of  such  names  as  he  may 
desire  to  vote  for,  but  in  no  case  for  more  candidates  for  any 
office  than  is  indicated  under  the  title  of  such  office.    He  may,  May  substitute 
however,  vote  for  any  candidate  whose  name  is  hot  printed  ^ 
on  the  ballot  by  so  writing  in  such  other  name  as  shall  make 
it  substitute  for  any  name  which  is  printed  thereon  or  when 
no  candidate's  name  appears  upon  the  ballot.    He  shall  then  HOW  ballot 
fold  the  ballot  so  that  the  perforated  corner  having  within  fo 
ballot  number  shall  be  on  the  outside,  and  present  it  to  the 
proper  inspector,  who  shall  tear  off  the  number  and  deposit 
the  ballot  in  the  ballot  box.    The  inspector  shall  enter  upon  Duty  of 
the  poll  list  the  name  of  each  elector,  the  name  of  the  politi- mspec 
cal  party  and  the  number  of  his  ballot,  before  the  same  is 
given  to  him,  and  the  inspector  receiving  the  ballot  shall, 
before  depositing  it  in  the  box,  ascertain  by  comparison  with 
the  poll  list  whether  it  is  the  same  ballot  given  to  him,  and  if 
it  is  not  the  same  ballot  he  shall  reject  it  and  such  elector 
shall  not  be  allowed  to  vote  at  such  primary.    If  any  elector  voter  not  to 
shall,  after  marking  his  ballot,  so  expose  it  to  any  person expos 
as  to  reveal  the  name  of  any  person  voted  for  thereon,  such 
ballot  shall  be  rejected  and  such  voter  shall  .forfeit  the  right 
to  vote  at  such  primary,  and  a  brief  minute  of  such  occur- 
rence shall  be  made  in  the  enrollment  book  and  upon  the 
poll  list.     Challengers  and  witnesses  appointed  by  the  sev-  challengers 
eral  political  parties  shall  be  allowed  to  be  present  with  the  ar 
same  powers  as  are  provided  by  law  for  general  elections. 

(593)  SEC.  10.  After  the  closing  of  the  polls  on  the  day  of 
holding  of  any  primary,  the  ballots  shall  be  counted  as  pro- 
vided by  law  for  the  counting  of  the  ballots  of  any  regular  elec- 
tion. In  counting  such  ballots,  those  candidates  who  have  a 
cross  made  in  the  square  at  the  left  of  their  names  shall  be 
deemed  to  have  been  voted  for,  but  any  ballot  upon  which  more 
candidates  for  any  office  have  been  voted  for  than  may,  by  law, 


198  STATE  OF  MICHIGAN. 


Declaration  of  be  elected  to  such  office  shall  be  rejected  as  to  that  office.  After 
iaUy^eeS  °f  ^e  vo^es  in  anv  primary  election  in  any  district  shall  have 
?awsfonovern  ^een  counted,  the  officials  counting  the  same  shall  publicly 
n  declare  the  result,  and  forthwith  make  and  certify  written 
detailed  statements,  as  are  required  by  law  for  general  elec- 
tion, except  as  hereinafter  provided,  of  the  whole  number 
of  votes  cast  in  such  district  for  each  candidate  for  each  of 
said  offices  or  positions  provided  for  in  section  one  of  chap- 
ter V  of  this  act,  on  each  party  ballot,  and  shall  certify, 
subscribe  and  seal  in  a  separate  envelope  such  statements  and 
one  of  the  tally  sheets,  and  write  thereon  the  name  and  num- 
ber of  the  election  district,  if  any,  and  deliver  such  state- 
ments and  tally  sheets  to  such  persons  and  at  such  times 
as  are  required  by  law  for  general  elections,  and  as  soon  as 
they  have  completed  the  counting  of  the  votes  of  their  pre- 
cincts they  shall  return  all  the  ballots  voted  to  the  ballot 
boxes,  which  shall  be  locked  and  sealed,  and  the  same,  and 
all  books,  unused  ballots,  supplies  and  lists  shall  be  safe- 
guarded and  returned,  as  is  prescribed  for  so  doing  at  the 
close  of  the  *  general  elections.  The  ballots  in  the  ballot 
boxes  shall  be  preserved  until  after  the  respective  boards  of 
canvassers  shall  have  made  up  their  respective  tickets, 
canvass  of  (594)  SEC.  11.  The  returns  of  said  primary  election  shall  be 

canvassed  and  the  results  declared  in  the  same  manner,  at 
the  same  time  after  the  primary,  and  by  the  same  officers  as 
is  provided  by  general  law  for  canvassing  the  returns  of  and 
declaring  the  result  in  city,  county  and  district  elections, 
who  declared  The  candidates,  who  shall  have  received  the  largest  number 
nominated.  of  vo^-eg  cas{  for  anv  ofQce  as  set  forth  in  such  returns,  or 
determined  by  the  board  of  canvassers  on  a  recount  by  them 
of  said  ballots,  as  hereinafter  provided,  shall  be  declared 
nominated  as  candidates  for  the  respective  offices  and  the 
said  board  of  canvassers  shall  forthwith  certify  such  nomi- 
nations to  the  county  election  commission  in  each  county 
affected  thereby. 

candidate  (595)   SEC.  12.  Any  candidate  voted  for  at  any  primary  elec- 

£r  recount!11  tion  provided  in  this  act,  who  conceives  himself  aggrieved  on 
account  of  any  fraud  or  mistake  in  the  count  by  the  in- 
spectors of  election,  of  the  votes  cast,  or  the  returns  made 
by  them,  may  on  or  before  the  close  of  the  first  day  upon 
which  the  board  of  state,  city  or  county  canvassers  meet,  pre- 
sent to  and  file  with  the  chairman  of  such  board  a  written 
petition,  which  shall  be  sworn  to,  setting  forth  as  near  as 
may  be,  the  nature  of  the  mistakes  or  frauds,  complained  of, 
and  the  township,  ward  or  district  in  which  they  occurred, 
Amount  of  and  asking  for  a  recount  of  the  votes  cast  therein.  He  shall, 
at  the  same  time,  deposit  with  said  chairman,  the  sum  of 
ten  dollars  for  each  and  every  township,  ward  or  election 
district,  the  vote  of  which  he  asks  to  have  recounted  by  such 
Proviso.  board:  Provided,  That  no  candidate  shall  be  required  to  de- 


ELECTION  LAWS.  199 


posit  more  than  one  hundred  dollars.     Upon  filing  the  peti-  Notice  of  re- 
tion  and  making  the  deposit  required  herein,  and  giving  at  s?™i.ho 
least  twelve  hours   written   notice  thereof  to   the   opposing 
candidate,  by  handing  to  such  candidate  a  copy  thereof,  or, 
if  such  candidate  cannot  be  found,  by  leaving  such  copy  at 
his  last  place  of  residence,  it  shall  be  the  duty  of  said  board 
of  canvassers  to  investigate  the  facts  set  forth  in  said  peti- 
tion.    For  such  purpose  the  said  board  shall  cause  the  bal- 
lot boxes  used  in  such  election  districts  to  be  brought  be- 
fore them.    The  board  shall  thereupon,  in  some  public  place  Procedure  of 
where  such  candidates  and  their  counsel  may  be  present,  if  oTreamnt?86 
they  so  desire,  proceed  forthwith  to  open  the  ballot  boxes 
from  such  districts,  townships  or  wards  and  to  make  a  re- 
count thereof  as  to  such  Candidates,  and  make  correct  and 
full   return,   in   writing,   under  their  hands,   to   said  board, 
showing  the,  full  number  of  votes  given,  the  names  of  the 
candidates  and  the  number  of  votes  given  to  each,  written 
out  in  words  and  figures.     As  soon  as  the  recount  is  com- 
pleted, said  board  shall,  at  once,  return  the  ballots  to  their 
respective  boxes,  carefully  lock  up  and  seal  the  same,  and 
deliver   them   to   the    officer   having   the   care   and   custody 
thereof.    The  returns  made  by  said  board  of  canvassers  upon 
such  recount  shall  be  deemed  to  be  correct,  anything  in  the 
previous  return  from  such  township,  ward,  or  district,  to  the 
contrary  notwithstanding.     In  all  cases,  where,  by  reason  of  Disposition 
such  recount,  the  petitioner  succeeds  in  establishing  fraud  deposUeS 
or  mistake,  as  set  forth  in  his  petition,  and  receives  a  certifi- 
cate of  nomination,  the  money  deposited  by  him  shall  be  re- 
funded; otherwise  it  shall  be  turned  into  the  treasury  of  the 
State,  county  or  city,  as  the  case  may  be.     If  two  or  more  HOW  tie 
candidates  of  the  same  political  party  are  tied  for  the  same  d€ 
office,  the  tie  shall  be  determined  by  lot  to  be  cast  then  and 
there  as  the  canvassing  board  may  direct. 

(596)   SEC.  13.   The  several  boards  of  election  commission- Boards  to 
ers  shall  cause  to  be  printed  upon  the  ballots  to  be  used  for  placed1??  s 
election  for  offices  included  in  section  one  of  chapter  V  of  this  Ballots. 
act,  the  names  of  the  candidates  for  such  offices,  selected  un- 
der the  provisions  of  this  act :    Provided,  That  when  any  can-  Proviso, 
didate  shall  die,  or  shall  withdraw  as  such  candidate  before  Party  com- 
the  printing  of  the  ballots,  after  having  been  nominated  as  &ySa£, su 
herein  provided,  then  the  proper  board  of  election  commffr  Jg^jgjfjj- 
sioners  shall  cause  to  be  printed  or  placed  upon  such  ballot,  withdraws, 
in  the  place  of  such  candidate,  the  name  of  the  candidate  who 
shall  be  selected  by  the  proper  party  committee  upon  the 
certificate  of  its  chairman  and  secretary,  as  is  provided  for 
general  elections :     Provided  further,  In  the  case  of  any  po-  Further 
litical  party  which  has  not  voted  according  to  the  provisions  pl 
of  this  act  to  nominate  its  candidates  for  office  by  direct  vote 
may  have   its  candidates   for  office  certified  to  the  boards 
of  election  commissioners,   as  provided  by  law  previous  to 
the  passage  of  this  act. 


200 


STATE  OF  MICHIGAN. 


CHAPTER  VI. 


Misdemeanor, 
what  deemed. 


Penalty. 


Duty  of 
county  clerk, 
relative  to 
printing  and 
distributing 
posters. 


Duty  of  elec- 
tion inspect- 
ors. 


Clerks  to  de- 
liver blanks, 
enrollment 
books,  etc. 


OF   PENALTIES  AND   MISCELLANEOUS   PROVISIONS. 

(597)  SECTION  1.  Any  person  who  shall,  while  the  polls  are 
open  at  any  polling  place  on  any  primary  day,  solicit  votes 
in  the  said  polling  place,  or  within  one  hundred  feet  thereof; 
any  person  who  shall  offer  or  give  to  any  other  person  any 
intoxicating  liquors,  or  drink  any  intoxicating  liquors  within 
any  such  polling  place;  any  person  who  shall  solicit  or  re- 
ceive, directly  or  indirectly,  any  money  or  any  promise  of 
place  or  position,  or  any  valuable  consideration  for  his  vote 
or  support  at  any  such  primary  election;  any  person  who 
shall  offer  any  voter  any  money  "or  reward  of  any  kind,  or 
who  shall  promise  any  place  or  position  for  the  purpose  of 
securing  such  votes  or  vote,  or  support,  at  any  such  primary 
election;  any  person  who  shall  violate  any  of  the  require- 
ments or  provisions  of  this  act;  any  person  who  shall  refuse 
or  neglect  to  perform  any  duty  enjoined  upon  him  thereby; 
any  person  who  shall  vote  or  attempt  to  vote  more  than  once, 
or  in  more  than  one  election  district,  at  the  same  primary 
election,  shall  be  guilty  of  a  misdemeanor.     When  by  this 
act  any  act  or  duty  is  required  to  be  done  or  performed  by 
or  under  the  direction,  supervision  or  authority  of  any  offi- 
cer, and  such  act  or  duty  shall  not  be  done  or  performed, 
then  the  officer  who  shall  neglect  to  perform  such  act  or  duty, 
or  shall  suffer  or  permit  the  omission  to  perform  such  act  or 
duty,  require  or  authorize  the  omission  or  non-performance 
of  such  act  or  duty,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  punished  as  herein  provided.    Any  person  who  shall 
be  convicted  of  any  of  the  acts  or  omissions  which  are  by  this 
act  declared  to  be  misdemeanors,  shall  be  punished  by  a  fine 
not  exceeding  one  thousand  dollars,  or  by  imprisonment  not 
exceeding  one  year,  or  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court. 

(598)  SEC.  2.  It  shall  be  the  duty  of  the  county  clerk  of  any 
county  in  which  primaries  are  held  for  the  nomination  of 
candidates  for  office,  pursuant  to  the  provisions  of  this  act, 
to  cause  to  be  printed  large  posters  containing  the  whole 
verbatim  of  the  preceding  section  of  this  act,  and  shall  fur- 
nish two  of  such  posters  to  the  board  of  election  inspectors  of 
each  election  district  in  his  county  at  the  same  time  that 
the  official  ballots  for  use  at  such  primaries  are  delivered, 
and   the  board  of  election   inspectors  shall  cause  the  said 
posters  to   be  posted   in  conspicuous   places  in  the  polling 
place,  so  that  the  same  can  be  plainly  seen  and  read  by  all 
persons  at  such  primary  election.     It  shall  be  the  duty  of 
the  clerk  of  any  city,  township  or  village  in  which  this  act 
is  operative  to  deliver  to  the  board  of  primary  election  in- 
spectors of  each  election  district  within  his  jurisdiction,  be- 
fore the  time  for  opening  of  the  polls  on  the  day  of  such 


ELECTION  LAWS.  201 


primary,  the  register  of  electors  and  the  party  enrollment 
book;  also  blanks  for  poll  lists  and  returns  and  any  other 
supplies  necessary  to  carry  out  the  provisions  of  this  act. 

(599)    SEC.  3.    The  day  on  which  any  primary  election  shall  Primary  day, 
be  held  pursuant  to  the  provision  of  this  act  shall  be  deemed  election  day. 
to  be  an  election  day  in  any  city,  county,  or  district,  where 
such  primary  election  is  held,  within  the  meaning  of  section 
seventeen  of  act  number  three  hundred  thirteen  of  the  pub- 
lic acts  of  eighteen  hundred  eighty-seven,  entitled  "An  act 
to  provide  for  the  taxation  and  regulation  of  the  business  of 
manufacturing,   selling,  keeping  for  sale,   furnishing,  giving 
or  delivering  spirituous  and  intoxicating  liquors,  and  malt, 
brewed,    or   fermented    liquors,    and   vinous    liquors    in   this 
State,  and  to  repeal  all  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act." 
26 


APPENDIX 


APPENDIX. 


PROVISIONS  OF  THE   CONSTITUTION  OF  THE 
UNITED   STATES  APPLICABLE  TO  ELEC- 
TIONS   IN    THE    STATES,    AND    LAWS 
IN  RELATION    TO  THE   NATURAL- 
IZATION OF  ALIENS. 

CONSTITUTIONAL    PROVISIONS. 

ARTICLE   I. 

• 

SECTION    I. 

1.     All  legislative  powers  herein  granted  shall  be  vested  in  Legislative 
a  congress  of  the  United   States,  which  shall  consist  of  a  p°wer- 
senate  and  house  of  representatives. 

SECTION   II. 

1.  The  house  of  representatives  shall  be  composed  of  mem-  House  of  rep- 
bers  chosen  every  second  year  by  the  people  of  the  several  S^uaimca- 
states,  and  the  electors  in  each  state  shall  have  the  qualifica-  «ons  of  elec- 
tions requisite  for  electors  of  the  most  numerous  branch  of  the  °r 

state  legislature. 

2.  No  person  shall  be  a  representative  who  shall  not  have  of  represen- 
attained  to  the  age  of  twenty-five  years,  and  been  seven  years  tatives- 

a  citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  state  in  which  he  shall  be 
chosen. 

4.     When  vacancies  happen  in  the  representation  from  any  vacancies, 
state,  the  executive  authority  thereof  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

SECTION    III. 

1.     The  senate  of  the  United  States  shall  be  composed  of  senate,  each 
two  senators    from    each    state,   chosen    by    the    legislature se 
thereof,  for  six  years;  and  each  senator  shall  have  one  vote. 

3.  No  person  shall  be  a  senator  who  shall  not  have  at-  Qualifications 
tained  to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  ° 

of  the  United  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  state  for  which  he  shall  be  chosen. 


206 


APPENDIX. 


Elections,  how 
regulated. 


SECTION  IV. 


1.  The  times,  places,  and  manner  of  holding  elections  for 
senators  and  representatives,  shall  be  prescribed  in  each  state 
by  the  legislature  thereof;  but  the  congress  may  at  any  time 
by  law,  make  or  alter  such  regulations,  except  as  to  the  places 
of  choosing  senators. 


ARTICLE  II. 


Executive 
power 


Electors  of 
president  and 
vice  president, 


Time  of  choos- 
ing electors. 


Qualifications 
for  president. 


SECTION   I. 

1.  The  executive  power  shall  be  vested  in  a  president  of 
the  United  States  of  America.    He  shall  hold  his  office  during 
the  term  of  four  years,  and,  together  with  the  vice  president, 
chosen  for  the  same  term,  be  elected,  as  follows : 

2.  Each  state* shall  appoint,  in  such  manner  as  the  legisla- 
ture thereof  may  direct,  a  number  of  electors  equal  to  the 
whole  number  of  senators  and  representatives  to  which  the 
state  may  be  entitled  in  the  congress;  but  no  senator  or  rep- 
resentative or  person  holding  an  office  of  trust  or  profit  under 
the  United  States  shall  be  appointed  an  elector. 

4.  The  congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  same  throughout  the  United  States. 

5.  No  person  except  a  natural  born  citizen,  or  a  citizen 
of  the  United  States  at  the  time  of  the  adoption  of  this  con- 
stitution, shall  be  eligible  to  the  office  of  president;  neither 
shall  any  person  be  eligible  to  that  office  who  shall  not  have 
attained  to  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  United  States. 


Amending 
constitution. 


ARTICLE  V. 

1.  The  congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  consti- 
tution, or,  on  the  application  of  the  legislatures  of  two-thirds 
of  the  several  states,  shall  call  a  convention  for  proposing 
amendments,  which,  in  either  case,  shall  be  valid  to  all  in- 
tents and  purposes,  as  part  of  this  constitution,  when  ratified 
by  the  legislatures  of  three-fourths  of  the  several  states,  or 
by  conventions  in  three-fourths  thereof,  as  the  one  or  the 
other  mode  of  ratification  may  be  proposed  by  the  congress : 
Provided,  That  no  amendment  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eight  shall  in  any 
manner  affect  the  first  and  fourth  clauses  in  the  ninth  section 
of  the  first  article;  and  that  no  state,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  senate. 


APPENDIX.  207 


ARTICLE  XII. 

PROPOSED  AT  THE  FIRST  SESSION  OF  THE  EIGHTH  CONGRESS. 

1.  The  electors  shall  meet  in  their  respective  states,  and  Mode  of  elect- 
vote  by  ballot  for  president  and  vice  president,  one  of  whom, 

at  least,  shall  not  be  an  inhabitant  of  the  same  state  with 
themselves,  they  shall  name  in  their  ballots  the  person  voted  —choosing 
for  as  president,  and  in  distinct  ballots  the  person  voted  for  pl 
as  vice  president,  and  they  shall  make  distinct  lists  of  all 
persons  voted  for  as  president,  and  of  all  persons  voted  for 
as  vice  president,  and  of  the  number  of  votes  for  each,  which 
lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  the  government  of  the  United  States,  directed  to  the 
president  of  the  senate;  the  president  of  the  senate  shall  in 
the  presence  of  the  senate  and  house  of  representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted;  the 
person  having  the  greatest  number  of  votes  for  president  shall 
be  the  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  no  person  have  such 
majority,  then  from  the  persons  having  the  highest  numbers, 
not  exceeding  three,  on  the  list  of  those  voted  for  as  presi- 
dent, the  house  of  representatives  shall  choose  immediately, 
by  ballot,  the  president.  But,  in  choosing  the  president  the 
votes  shall  be  taken  by  states,  the  representation  from  each 
state  having  one  vote;  a  quorum  for  this  purpose  shall  con- 
sist of  a  member  or  members  from  two-thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  house  of  representatives  shall  not  choose  a  presi- 
dent whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  vice 
president  shall  act  as  president,  as  in  the  case  of  the  death  or 
other  constitutional  disability  of  the  president. 

2.  The  person  having  the  greatest  number  of  votes  as  vice  vice  prea- 
president,  shall  be  the  vice  president,  if  such  number  be  a  * 
majority  of  the  whole  number  of  electors  appointed;  and  if 

no  person  have  a  majority,  then  from  the  two  highest  num- 
bers on  the  list,  the  senate  shall  choose  the  vice  president;  a 
quorum  for  the  purpose  shall  consist  of  two-thirds  of  the 
whole  number  of  senators,  and  a  majority  of  the  whole  num- 
ber shall  be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office  of  Qualification 
president  shall  be  eligible  to  that  of  vice  president  of  the 
United  States. 


ARTICLE  XIV. 

PROPOSED  AT  THE  FIRST  SESSION  OF  THE  THIRTY-NINTH  CONGRESS. 

1.     All  persons  born  or  naturalized  in  the  United  States,  who  are 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  thecl1 


208 


APPENDIX. 


Immunities 
of  citizens. 


Apportion- 
ment of  rep- 
resentatives. 


Basis  of  repre- 
sentation. 


Conditional 
prohibition  to 
hold  certain 
offices. 


United  States  and  of  the  state  wherein  they  reside.  No  state 
shall  make  or  enforce  any  law  which  shall  abridge  the  privi- 
leges or  immunities  of  citizens  of  the  United  States;  nor  shall 
any  state  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law;  nor  deny  to  any  person  within 
its  jurisdiction  the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several 
states   according  to  their  respective  numbers,   counting  the 
whole  number  of  persons  in  each  state,  excluding  Indians 
not  taxed.     But  when  the  right  to  vote  at  any  election  for 
the  choice  of  electors  for  president  and  vice  president  of  the 
United  States,  representatives  in  congress,  the  executive  and 
judicial  officers  of  a  state,  or  the  members  of  the  legislature 
thereof,  is  denied  to  any  of  the  male  inhabitants  of  such  state, 
being  twenty-one   years   of  age   and   citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation  in 
rebellion  or  other  crime,  the  basis  of  representation  therein 
shall  be  reduced  in  the  proportion  which  the  number  of  such 
male  citizens  shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  state. 

3.  No  person  shall  be  a  senator  or  representative  in  con- 
gress, or  elector  of  president  and  vice  president,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any 
state,  who,  having  previously  taken  an  oath  as  a  member  of 
congress,  or  as  an  officer  of  the  United  States,  or  as  a  mem- 
ber of  any  state  legislature,  or  as  an  executive  or  judicial 
officer  of  any  state,  to  support  the  constitution  of  the  United 
States,  shall  have  engaged  in  insurrection  or  rebellion  against 
the  same,  or  given  aid  or  comfort  to  the  enemies  thereof.    But 
congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove 
such  disability. 


Right  of 
suffrage. 


Power  of 
congress. 


ARTICLE  XV. 

PROPOSED  AT   THE  FIRST   SESSION  OF   THE  FORTY-FIRST  CONGRESS. 

1.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States  or  by  any 
state  on  account  of  race,  color,  or  previous  condition  of  servi- 
tude. 

2.  The  congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislation. 


Aliens,  how 
naturalized. 


NATURALIZATION  OF  ALIENS. 

SEC.  2165.  [U.  S.  Comp.  Stat.  1901,  p.  1329.]  An  alien 
may  be  admitted  to  become  a  citizen  of  the  United  States  in 
the  following  manner,  and  not  otherwise: 


APPENDIX.  209 


First.    He  shall  declare  on  oath,  before  a  circuit  or  district  Declaration  of 
court  of  the  United  States,  or  a  district  or  supreme  court  of intention- 
the  territories,  or  a  court  of  record  of  any  of  the  states  hav- 
ing common  law  jurisdiction,  and  a  seal  and  clerk,  two  years, 
at  least,  prior  to  his  admission,  that  it  is  bona  fide  his  inten- 
tion to  become  a  citizen  of  the  United  States,  and  to  renounce 
forever  all  allegiance  and  fidelity  to  any  foreign  prince,  po- 
tentate, state,  or  sovereignty,  and,  particularly,  by  name,  to 
the  prince,  potentate,  state  or  sovereignty  of  which  the  alien 
may  be  at  the  time  a  citizen  or  subject. 

Second.    He  shall,  at  the  time  of  his  application  to  be  ad-  oath  to  sup- 
mitted,  declare,  on  oath,  before  some  one  of  the  courts  above  JSfution  o? n" 
specified,  that  he  will  support  the  constitution  of  the  United  stttesnited 
States,  and  that  he  absolutely  and  entirely  renounces  and 
abjures  all  allegiance  and  fidelity  to  every  foreign  prince,  po- 
tentate, state,  or  sovereignty;  and  particulary,  by  name,  to 
the  prince,  potentate,  state,  or  sovereignty  of  which  he  was 
before  a  citizen  or  subject;  which  proceedings  shall  be  re- 
corded by  the  clerk  of  the  court. 

Third.  It  shall  be  made  to  appear  to  the  satisfaction  of  the  Residence  in 
court  admitting  such  alien,  that  he  has  resided  within  the 
United  States  five  years  at  least,  and  within  the  state  or  ter- 
ritory  where  such  court  is  at  the  time  held,  one  year  at  least ; 
and  that  during  that  time  he  has  behaved  as  a  man  of  a  good 
moral  character,  attached  to  the  principles  of  the  constitution 
of  the  United  States,  and  well  disposed  to  the  good  order  and 
happiness  of  the  same;  but  the  oath  of  the  applicant  shall  in 
no  case  be  allowed  to  prove  his  residence. 

Fourth.    In  case  the  alien  applying  to  be  admitted  to  citi-  Titles  of  nobii- 
zenship  has  borne  any  hereditary  title,  or  been  of  any  of  the  nounced. re 
orders  of  nobility  in  the  kingdom  or  state  from  which  he 
came,  he  shall,  in  addition  to  the  above  requisites,  make  an 
express  renunciation  of  his  title  or  order  of  nobility  in  the 
court  to  which  his  application  is  made,  and  his  renunciation 
shall  be  recorded  in  the  court. 

Fifth.  Any  alien  who  was  residing  within  the  limits  and  ?erj£ntsheesid~ 
under  the  jurisdiction  of  the  United  States  before  the  twenty- united  states 
ninth  day  of  January,  one  thousand  seven  hundred  and  ninety- 1795'®  29  Jan" 
five,  may  be  admitted  to  become  a  citizen,  on  due  proof  made 
to  some  one  of  the  courts  above  specified,  that  he  has  resided 
two  years,  at  least,  within  the  jurisdiction  of  the  United 
States,  and  one  year,  at  least,  immediately  preceding  his  ap- 
plication, within  the  state  or  territory  where  such  court  is  at 
the  time  held;  and  on  his  declaring  on  oath  that  he  will  sup- 
port the  constitution  of  the  United  States,  and  that  he  abso- 
lutely and  entirely  renounces  and  abjures  all  allegiance  and 
fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty, 
and  particularly,  by  name,  to  the  prince,  potentate,  state,  or 
sovereignty  whereof  he  was  before  a  citizen  or  subject;  and, 
also,  on  its  appearing  to  the  satisfaction  of  the  court,  that 
during  such  term  of  two  years  he  has  behaved  as  a  man  of 
27 


210  APPENDIX. 


good  moral  character,  attached  to  the  constitution  of  the 
United  States,  and  well  disposed  to  the  good  order  and  happi- 
ness of  the  same ;  and  where  the  alien,  applying  for  admission 
to  citizenship,  has  borne  any  hereditary  title,  or  been  of  any 
of  the  orders  of  nobility  in  the  kingdom  or  state  from  which 
he  came,  on  his,  moreover,  making  in  the  court  an  express 
renunciation  of  his  title  or  order  of  nobility.  All  of  the  pro- 
ceedings required  in  this  condition  to  be  performed  in  the 
court,  shall  be  recorded  by  the  clerk  thereof. 

Persons  resid-  Sixth.  Any  alien  who  was  residing  within  the  limits  and 
jnugneeti798n  18  under  the  jurisdiction  of  the  United  States,  between  the 
i8i2*8  June'  eighteenth  day  of  June,  one  thousand  seven  hundred  and 
ninety-eight,  and  the  eighteenth  day  of  June,  one  thousand 
eight  hundred  and  twelve,  and  who  has  continued  to  reside 
within  the  same,  may  be  admitted  to  become  a  citizen  of  the 
United  States  without  having  made  any  previous  declaration 
of  his  intention  to  become  such;  but  whenever  any  person, 
without  a  certificate  of  such  declaration  of  intention,  makes 
application  to  be  admitted  a  citizen,  it  must  be  proved  to 
the  satisfaction  of  the  court,  that  the  applicant  was  residing 
within  the  limits  and  under  the  jurisdiction  of  the  United 
States  before  the  eighteenth  day  of  June,  one  thousand  eight 
hundred  and  twelve,  and  has  continued  to  reside  within  the 
same;  and  the  residence  of  the  applicant  within  the  limits 
and  under  the  jurisdiction  of  the  United  States,  for  at  least 
five  years  immediately  preceding  the  time  of  such  application, 
must  be  proved  by  the  oath  of  citizens  of  the  United  States, 
which  citizens  shall  be  named  in  the  record  as  witnesses;  and 
such  continued  residence  within  the  limits  and  under  the  jur- 
isdiction of  the  United  States,  when  satisfactorily  proved, 
and  the  place  where  the  applicant  has  resided  for  at  least  five 
years,  shall  be  stated  and  set  forth,  together  with  the  names 
of  such  citizens,  in  the  record  of  the  court  admitting  the  ap- 
plicant; otherwise  the  same  shall  not  entitle  him  to  be  con- 
Declaration  sidered  and  deemed  a  citizen  of  the  United  States.  [Be  it 
t?orn?howaliza~  enacted  by  the  senate  and  house  of  representatives  of  the 
made.  United  States  of  America  in  congress  assembled,  That  the 

declaration  of  intention  to  become  a  citizen  of  the  United 
States,  required  by  section  two  thousand  one  hundred  and 
sixty-five  of  the  revised  statutes  of  the  United  States,  may 
be  made  by  an  alien  before  the  clerk  of  any  of  the  courts  named 
in  said  section  two  thousand  one  hundred  and  sixty-five;  and 
all  such  declarations  heretofore  made  before  any  such  clerk 
are  hereby  declared  as  legal  and  valid  as  if  made  before  one 
of  the  courts  named  in  said  section.] 

Aliens  honor-       SEC.  2166.     [U.  S.  Comp.  Stat.  1901,  p.  1331.]     Any  alien, 

ed^ro^S-"  of  the  age  of  twenty-one  years  and  upward,  who  has  enlisted, 

tary  service.     or  may  enlist,  in  the  armies  of  the  United  States,  either  the 

regular  or  the  volunteer  forces,  and   has  been,   or  may  be 

hereafter,  honorably  discharged,  shall  be  admitted  to  become 

a  citizen  of  the  United  States,  upon  his  petition,  without  any 


APPENDIX.  211 


previous  declaration  of  his  intention  to  become  such;  and  he 
shall  not  be  required  to  prove  more  than  one  year's  residence 
within  the  United  States  previous  to  his  application  to  become 
such  citizen;  and  the  court  admitting  such  alien  shall,  in 
addition  to  such  proof  of  residence  and  good  moral  character, 
as  now  provided  by  law,  be  satisfied  by  competent  proof  of 
such  person's  having  been  honorably  discharged  from  the 
service  of  the  United  States. 

Act  of  July  26,  1894.      [28   Stat.  at  L.  124,  Chap.   165.]  Aliens  honora- 
Any  alien  of  the  age  of  twenty-one  years  and  upward,  who  fronfnavyrge 
has  enlisted  or  may  enlist  in  the  United  States  navy  or  marine  service- 
corps,  and  has  served  or  may  hereafter  serve  five  consecutive 
years  in  the  United   States  navy  or  one  enlistment  in  the 
United  States  marine  corps,  and  has  been  or  may  hereafter  be 
honorably  discharged,  shall  be  admitted  to  become  a  citizen 
of  the  United  States  upon  his  petition,  without  any  previous 
declaration  of  his  intention  to  become  such;  and  the  court 
admitting  such  alien  shall,  in  addition  to  proof  of  good  moral 
character,  be  satisfied  by  competent  proof  of  such  person's 
service  in  and  honorable  discharge  from  the  United  States 
navy  or  marine  corps. 

SEC.  2167.     [U.  S.  Comp.  Stat.  1901,  p.  1332.]     Any  alien,  Minor 
being  under  the  age  of  twenty-one  years,  who  has  resided  in  re 
the  United  States  three  years  next  preceding  his  arriving  at 
that  age,  and  who  has  continued  to  reside  therein  to  the  time 
he  may  make  application  to  be  admitted  a  citizen  thereof,  may,  . 

after  he  arrives  at  the  age  of  twenty-one  years,  and  after  he 
has  resided  five  years  within  the  United  States,  including 
the  three  years  of  his  minority,  be  admitted  a  citizen  of  the 
United  States,  without  having  made  the  declaration  required 
in  the  first  condition  of  section  twenty-one  hundred  and  sixty- 
five;  but  such  alien  shall  make  the  declaration  required  therein 
at  the  time  of  his  admission;  and  shall  further  declare,  on 
oath,  and  prove  to  the  satisfaction  of  the  court,  that,  for  two 
years  next  preceding,  it  has  been  his  bona  fide  intention  to 
become  a  citizen  of  the  United  States;  and  he  shall  in  all 
other  respects  comply  with  the  laws  in  regard  to  naturaliza- 
tion. 

SEC.  2168.  [U.  S.  Comp.  Stat.  1901,  p.  1332.]  When  any  widow  and 
alien,  who  has  complied  with  the  first  condition  specified  in 
section  twenty-one  hundred  and  sixty-five,  dies  before  he  is 
actually  naturalized,  the  widow  and  the  children  of  such  alien 
shall  be  considered  as  citizens  of  the  United  States,  and 
shall  be  entitled  to  all  rights  and  privileges  as  such,  upon 
taking  the  oaths  prescribed  by  law. 

SEC.  2169.     [U.  S.  Comp.  Stat.  1901,  p.  1333.]     The  pro- Aliens  being 
visions  of  this  title  shall  apply  to  aliens   [being  free  white  JS^SS? ai 
persons,  and  to  aliens]  of  African  nativity  and  to  persons  of  nativity. 
African  descenf. 

Act  of  May  6,  1882,-  [U.   S.  Comp.  Stat.  1901,  p.  1305.] 
Hereafter  no  state  court  or  court  of  the  United  States  shall  Chinese. 


212 


APPENDIX. 


Alien  enemies 
not  admitted. 


admit  Chinese  to  citizenship,  and  all  laws  in  conflict  with 
this  act  are  hereby  repealed. 

Residence  of  SEC.  2170.  [U.  S.  Comp.  Stat.  1901,  p.  1333.]  No  alien 
?he  united"1  shall  be  admitted  to  become  a  citizen  who  has  not  for  the 
states.  continued  term  of  five  years  next  preceding  his  admission 

resided  within  the  United  States. 

SEC.  2171.  [U.  S.  Comp.  Stat.  1901,  p.  1333.]  No  alien 
who  is  a  native  citizen  or  subject,  or  a  denizen  of  any  country, 
state,  or  sovereignty  with  which  the  United  States  are  at 
war,  at  the  time  of  his  application,  shall  be  then  admitted 
to  become  a  citizen  of  the  United  States ;  but  persons  resident 
within  the  United  States,  or  the  territories  thereof,  on  the 
eighteenth  day  of  June,  in  the  year  one^thousand  eight  hun- 
dred and  twelve,  who  had  before  that  day  made  a  declaration, 
according  to  law,  of  their  intention  to  become  citizens  of  the 
Unified  States,  or  who  were  on  that  day  entitled  to  become 
citizens  without  making  such  declaration,  may  be  admitted  to 
become  citizens  thereof,  notwithstanding  they  were  alien 
enemies  at  the  time  and  in  the  manner  prescribed  by  the  laws 
heretofore  passed  on  that  subject;  nor  shall  anything  herein 
contained  be  taken  or  construed  to  interfere  with  or  prevent 
the  apprehension  and  removal,  agreeably  to  law,  of  any  alien 
enemy  at  any  time  previous  to  the  actual  naturalization  of 
such  alien. 

Sec.  39,  Act  of  March  3,  1903,  [32  Stat.  at  L.  1222,  Chap. 
1012.]  No  person  who  disbelieves  in,  or  who  is  opposed  to, 
all  organized  government,  or  who  is  a  member  of,  or  affiliated 
with,  any  organization  entertaining  and  teaching  such  dis- 
belief in  or  opposition  to  all  organized  government,  or  who 
advocates  or  teaches  the  duty,  necessity,  or  propriety  of  the 
unlawful  assaulting  or  killing  of  any  officer  or  officers,  either 
of  specific  individuals  or  of  officers  generally,  of  the  govern- 
ment of  the  United  States,  or  of  any  other  organized  govern- 
ment, because  of  his  or  their  official  character,  or  who  has 
violated  any  of  the  provisions  of  this  act,  shall  be  natural- 
ized or  be  made  a  citizen  of  the  United  States.  All  courts 
and  tribunals  and  all  judges  and  officers  thereof  having  jur- 
isdiction of  naturalization  proceedings  or  duties  to  perform 
in  regard  thereto  shall,  on  the  final  application  for  natural- 
ization, make  careful  inquiry  into  such  matters,  and  before 
issuing  the  final  order  or  certificate  of  naturalization,  cause 
to  be  entered  of  record  the  affidavit  of  the  applicant  and  of 
his  witnesses  so  far  as  applicable,  reciting  and  affirming  the 
truth  of  every  material  fact  requisite  for  naturalization.  All 
final  orders  and  certificates  of  naturalization  hereafter  made 
shall  show  on  their  face  specifically  that  said  affidavits  were 
duly  made  and  recorded,  and  all  orders  and  certificates  that 
fail  to  show  such  facts  shall  be  null  and  void. 

Any  person  who  purposely  procures  naturalization  in  vio- 
lation of  the  provisions  of  this  section  shall  be  fined  not  more 
than  five  thousand  dollars,  or  shall  be  imprisoned  not  less 


Persons  who 
disbelieve  in 
organized  gov- 
ernment not  to 
be  naturalized. 


Penalties. 


APPENDIX.  213 


than  one  nor  more  than  ten  years,  or  both,  and  the  court 
in  which  such  conviction  is  had  shall  thereupon  adjudge  and 
declare  the  order  or  decree  and  all  certificates  admitting  such 
person  to  citizenship  null  and  void.  Jurisdiction  is  hereby 
conferred  on  the  courts  having  jurisdiction  of  the  trial  of 
such  offense  to  make  such  adjudication. 

Any  person  who  knowingly  aids,  advises,  or  encourages  any 
such  person  to  apply  for  or  to  secure  naturalization,  or  to 
file  the  preliminary  papers  declaring  an  intent  to  become  a 
citizen  of  the  United  States,  or  who  in  any  naturalization 
proceeding  knowingly  procures  or  gives  false  testimony  as 
to  any  material  fact,  or  who  knowingly  makes  an  affidavit 
false  as  to  any  material  fact  required  to  be  proved  in  such 
proceeding,  shall  be  fined  not  more  than  five  thousand  dol- 
lars, or  imprisonment  not  less  than  one  nor  more  than  ten 
years,  or  both. 

SEC.  2172.  [U.  S.  Comp.  Stat  1901,  p.  1334.]  The  chil- children  of 
dren  of  persons  who  have  been  duly  naturalized  under  any 
law  of  the  United  States,  or  who,  previous  to  the  passing  of 
any  law  on  that  subject,  by  the  government  of  the  United 
States,  may  have  become  citizens  of  any  one  of  the  states, 
under  the  laws  thereof,  being  under  the  age  of  twenty-one 
years  at  the  time  of  the  naturalization  of  their  parents,  shall, 
if  dwelling  in  the  United  States,  be  considered  as  citizens 
thereof;  and  the  children  of  persons  who  now  are,  or  have 
been,  citizens  of  the  United  States,  shall,  though  born  out  of 
the  limits  and  jurisdiction  of  the  United  States,  be  considered 
as  citizens  thereof;  but  no  person  heretofore  proscribed  by 
any  state,  or  who  has  been  legally  convicted  of  having  joined 
the  army  of  Great  Britain  during  the  revolutionary  war,  shall 
be  admitted  to  become  a  citizen  without  the  consent  of  the 
legislature  of  the  state  in  which  such  person  was  proscribed. 

SEC.  2173.     [U.  S.  Comp.  Stat.  1901,  p.  1334.]     The  police  P9iice  court  of 
court  of  the  District  of  Columbia  shall  have  no  power  to  cofumbiaf 
naturalize  foreigners. 

SEC.  2174.  [U.  S.  Comp.  Stat.  1901,  p.  1334.]  -Every  sea-  Naturalization 
man,  being  a  foreigner,  who  declares  his  intention  of  becom-  of 
ing  a  citizen  of  the  United  States  in  any  competent  court, 
and  shall  have  served  three  years  on  board  of  a  merchant 
vessel  of  the  United  States  subsequent  to  the  date  of  such 
declaration,  may,  on  his  application  to  any  competent  court, 
and  the  production  of  his  certificate  of  discharge  and  good 
conduct  during  that  time,  together  with  the  certificate  of 
his  declaration  of  intention  to  become  a  citizen,  be  admitted 
a  citizen  of  the  United  States;  and  every  seaman,  being  a 
foreigner,  shall,  after  his  declaration  of  intention  to  become 
a  citizen  of  the  United  States,  and  after  he  shall  have  served 
such  three  years,  be  deemed  a  citizen  of  the  United  States 
for  the  purpose  of  manning  and  serving  on  board  any  mer- 
chant vessel  of  the  United  States,  anything  to  the  contrary 
in  any  act  of  congress  notwithstanding;  but  such  seaman 


214 


APPENDIX. 


Penalty  for 
false  oath,  etc. 


Penalty  for 
assuming  fic- 
titious name, 
etc. 


shall,  for  all  purposes  of  protection  as  an  American  citizen, 
be  deemed  such,  after  the  filing  of  his  declaration  of  intention 
to  become  such  citizen. 

SEC.  5395.  [U.  S.  Comp.  Stat.  1901,  p.  3654.]  In  all  cases 
where  any  oath  or  affidavit  is  made  or  taken  under  or  by 
virtue  of  any  law  relating  to  the  naturalization  of  aliens,  or 
in  any  proceedings  under  such  laws,  any  person  taking  or 
making  such  oath  or  affidavit,  who  knowingly  swears  falsely, 
shall  be  punished  by  imprisonment  not  more  than  five  years, 
nor  less  than  one  year,  and  by  a  fine  of  not  more  than  one 
thousand  dollars. 

SEC.  5424.  [U.  S.  Comp.  Stat.  1901,  p.  3668.]  Every  per- 
son applying  to  be  admitted  a  citizen,  or  appearing  as  a  wit- 
ness for  any  such  person,  who  knowingly  personates  any  other 
person  than  himself,  or  falsely  appears  in  the  name  of  a  de- 
ceased person,  or  in  an  assumed  or  fictitious  name,  or  falsely 
makes,  forges,  or  counterfeits  any  oath,  notice,  affidavit,  cer- 
tificate, order,  record,  signature,  or  other  instrument,  paper, 
or  proceeding  required  or  authorized  by  any  law  relating  to 
or  providing  for  the  naturalization  of  aliens ;  or  who  utters, 
sells,  disposes  of,  or  uses  as  true  or  genuine,  or  for  any  un- 
lawful purpose,  any  false,  forged,  antedated,  or  counterfeit 
oath,  notice,  certificate,  order,  record,  signature,  instrument, 
paper,  or  proceeding  above  specified;  or  sells  or  disposes  of 
to  any  person  other  than  the  person  for  whom  it  was  origin- 
ally issued  any  certificate  of  citizenship,  or  certificate  show- 
ing any  person  to  be  admitted  a  citizen,  shall  be  punished 
by  imprisonment  at  hard  labor  not  less  than  one  year,  nor 
more  than  five  years,  or  by  a  fine  of  not  less  than  three  hun- 
dred nor  more  than  one  thousand  dollars,  or  by  both  such 
fine  and  imprisonment. 

SEC.  5425.  [U.  S.  Comp.  Stat.  1901,  p.  3669.]  Every  per- 
son who  uses,  or  attempts  to  use,  or  aids,  or  assists,  or  par- 
ticipates in  the  use  of,  any  certificate  of  citizenship,  knoAving 
the  same  to  be  forged,  or  counterfeit,  or  antedated,  or  know- 
ing the  same  to  have  been  procured  by  fraud  or  otherwise 
unlawfully  obtained;  or  who,  without  lawful  excuse,  know- 
ingly is  possessed  of  any  false,  forged,  antedated,  or  counter- 
feit certificate  of  citizenship,  purporting  to  have  been  issued 
under  the  provisions  of  any  law  of  the  United  States  relating 
to  naturalization,  knowing  such  certificate  to  be  false,  forged, 
antedated,  or  counterfeit,  with  intent  unlawfully  to  use  the 
same;  or  obtains,  accepts,  or  receives  any  certificate  of  citi- 
zenship known  to  such  person  to  have  been  procured  by  fraud 
or  by  the  use  of  any  false  name,  or  by  means  of  any  false 
statement  made  with  intent  to  procure,  or  to  aid  in  procur- 
ing, the  issue  of  such  certificate,  or  known  to  such  person  to 
be  fraudulently  altered  or  antedated;  and  every  person  who 
has  been  or  may  be  admitted  to  be  a  citizen  who,  on  oath  or 
by  affidavit,  knowingly  denies  that  he  has  been  so  admitted, 
with  intent  to  evade  or  avoid  any  duty  or  liability  imposed 


Penalty  for 
use  of,  or  aid- 
ing persons 
using  false 
certificates. 


APPENDIX.  215 


or  required  by  law,  shall  be  imprisoned  at  hard  labor  not  less 
than  one  year,  nor  more  than  five  years,  or  be  fined  not  less 
than  three  hundred  dollars,  nor  more  than  one  thousand  dol- 
lars, or  both  such  punishments  may  be  imposed. 

SEC.  5426.  [U.  S.  Comp.  Stat.  1901,  p.  3669.]  Every  per-  Use  of  uniaw- 
son  who  in  any  manner  uses,  for  the  purpose  of  registering  ful  certmcate- 
as  a  voter,  or  as  evidence  of  a  right  to  vote,  or  otherwise, 
unlawfully,  any  order,  certificate  of  citizenship,  or  certifi- 
cate, judgment,  or  exemplification,  showing  any  person  to 
be  admitted  to  be  a  citizen,  whether  heretofore  or  hereafter 
issued  or  made,  knowing  that  such  order  or  certificate,  judg- 
ment, or  exemplification  has  been  unlawfully  issued  or  made; 
and  every  person  who  unlawfully  uses,  or  attempts  to  use, 
any  such  order  or  certificate,  issued  to  or  in  the  name  of 
any  other  person,  or  in  a  fictitious  name,  or  the  name  of  a 
deceased  person,  shall  be  punished  by  imprisonment  at  hard 
labor  not  less  than  one  year  nor  more  than  five  years,  or  by 
a  fine  of  not  less  than  three  hundred  nor  more  than  one 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 

SEC.  5427.  [U.  S.  Comp.  Stat.  1901,  p.  3670.]  Every  per- Aiding  in  com- 
son  who  knowingly  and  intentionally  aids  or  abets  any  per- 
son  in  the  commission  of  any  felony  denounced  in  the  three 
preceding  sections,  or  attempts  to  do  any  act  therein  made 
felony,  or  counsels,  advises,  or  procures,  or  attempts  to  pro- 
cure, the  commission  thereof,  shall  be  punished  in  the  same 
manner  and  to  'the  same  extent  as  the  principal  party. 

SEC.  5428.  [U.  S.  Comp.  Stat.  1901,  p.  3670.]  Every  per-  use  of  certifi- 
son  who  knowingly  uses  any  certificate  of  naturalization  here- 
tofore  granted  by  any  court,  or  hereafter  granted,  which  has 
been  or  may  be  procured  through  fraud  or  by  false  evidence, 
or  has  been  or  may  be  issued  by  the  clerk,  or  any  other  officer 
of  the  court  without  any  appearance  and  hearing  of  the  ap- 
plicant in  court  and  without  lawful  authority;  and  every 
person  who  falsely  represents  himself  to  be  a  citizen  of  the 
United  States,  without  having  been  duly  admitted  to  citizen- 
ship, for  any  fraudulent  purpose  whatever,  shall  be  punish- 
able by  a  fine  of  not  more  than  one  thousand  dollars,  or  be 
imprisoned  not  more  than  two  years,  or  both. 

SEC.  5429.     [U.  S.  Comp.  Stat.  1901,  p.  3670.]     The  provi-  Application  of 
sions  of  the  five  preceding  sections  shall  apply  to  all  proceed-  Jf0rns.m ' 
ings  had  or  taken,  or  attempted  to  be  had  or  taken,  before 
any  court  in  which  any  proceeding  for  naturalization  may  be 
commenced  or  attempted  to  be  commenced.      (See   §§  2165- 
2174  [U.  S.  Comp.  Stat.  1901,  pp.  1329-1334].) 


INDEX  TO  THE 

PRIMARY  ELECTION  LAW. 


THE  INDEX  TO  THE    GENERAL   ELECTION    LAWS    IMMEDI- 
ATELY FOLLOWS. 


28 


INDEX. 

TO    PRIMARY    ELECTION    LAW. 

The  references  are  to   compiler's   sections. 

A. 

ADOPTED :  Sections 

when  proposition  considered  576 

ALPENA  COUNTY: 

chapter  not  to  apply  to 584 

APPORTIONMENT  : 

of  delegates  by  different  committees 577 

APRIL  ELECTION: 

party  enrollment  to  be  made  at 564 

B. 

BALLOT  BOXES: 

care    of    593 

BALLOTS : 

election  commissioners  to  prepare,   form  of,   for  submitting  question 574 

for  delegates,   election   commissioners  to  prepare 578 

form,    etc 578 

to  be  prepared  of  different   colored   paper 580 

printing  of  names  of  candidates  on,  how  obtained 585 

election  commissioners  to  print  names  of  candidates  on 587 

number  of,  to  be  printed    587-8 

proof  copies  of,  where  filed,  etc 587 

form   of,   for  primary  elections 588 

numbering   of 588 

each  political  party  to  have  separate 588 

order  of  offices  on    588 

manner  of  printing    588 

alternation  of  names  on,  in  printing 588 

perforation   of    588 

color  of,  of  different  political  parties 590 

and  supplies,  by  whom  delivered,  etc 591 

how   folded    592 

counting  of,  general   law  to  govern 593 

BOARD    OF    CANVASSERS: 

procedure  of,   in   case  of  recount 595 

BOARD  OF  ELECTION  COMMISSIONERS: 

to   prepare   ballot   for   submitting   proposition 

to  prepare  ballots  for  election  of  delegates 578 

to  tause  candidate's  names  printed  on  ballot 587 

number  of  ballots  printed  by 587-8 

BOARD  OF  ELECTION  INSPECTORS: 

to   appoint   enrolling   clerk • 567 

provisions   relative   to    580-1 

who   to    compose .  591 

duty  of,   in  conducting  primaries 

clerks  to  deliver  register  and  enrollment  book  to » 

to  post  large  posters  at  polling  places 598 

BOARD  OF  REGISTRATION  : 

to   review   and   correct   enrollment   book 

when  to  meet   in  districts  holding  no  election 568 

BOARD    OF    STATE   CANVASSERS: 

duties    of    575 

BRIBERY : 

penalty    for    597 

C. 

CANDIDATES  : 

nomination  of,  by  direct  vote,  when  effective 

nomination   of   certain,    at   June   primary 

receiving  greatest   number   of   votes,   deemed   nominees* 

printing  of  names   of,   on  ballot,   how   obtained 

election  commissioners  to  cause  names  of,  printed  on  election  ballots o9b 


220  INDEX. 


CANVASS  OF  VOTES  :  Sections 

manner  of  conducting1,  bv  whom,  etc 574-5,  594 

CHAIRMAN  : 

duty  of,   in   charge  of  party  enrollment 569 

CHAIRMAN  OF  COUNTY  COMMITTEE  : 

to  certify  number  of  delegates  at  convention 579 

CHALLENGE : 

of    voters    592 

CHALLENGERS' : 

political   parties  to   appoint 592 

CIRCUIT  JUDGE: 

act  not  to  apply  to  nomination  of 561 

CITIES  : 

primary   in,   when  held    560 

CITY  CLERK: 

when,  to  give  notice  of  submission  of  proposition 

limit  of  time  of  receiving  nomination  papers 586 

to  prepare  and   exhibit   list  of  candidates 586 

to  keep  public  record  of  nomination  papers,  etc 586 

to  certify  list  of  candidates  to  election  commissioners 586 

CITY   ELECTION    COMMISSIONERS: 

to  deliver  ballots  and  supplies   591 

CLERKS : 

to  keep  supply  of  printed  forms 585 

of   cities,   villages   and   townships   to   deliver   register   and    enrollment   books   to 

inspectors     598 

COLOR  OF  BALLOTS  :  . 

of   different   political   parties 590 

COMMITTEE  : 

party,  to  choose  candidate  in  case  of  vacancy 596 

COMPENSATION  : 

of  enroling  clerk,  how  paid - 567 

CONDUCTED : 

primary    elections,    how 563 

COPIES  : 

custodian  of  enrollment  book,  to  make,  of 565 

COUNTING  OF  BALLOTS: 

general  law  to  govern   593 

COUNTY   CLERK: 

to  deliver  enrollment  books    

when,   to  give  notice  of   submission  of  proposition 

limit  of  time  of  receiving  nomination  papers 

to  prepare  and  exhibit  list  of  candidates 

to  keep  public  record  of  nomination  papers,  etc 

to  certify  list  of  candidates  to  election  commissioners 

to  print  certain  section  on.  large  posters 598 

COUNTY   CONVENTION  : 

election   of   delegates  to    

for  election  of  delegates  to  state  conventions,  when  held,  etc 582 

COUNTY   ELECTION   COMMISSIONERS: 

to  deliver  ballots  and  supplies 591 

CUSTODIAN  : 

of  enrollment  book,  who  to  be,  duties  of 

D. 

DEATH  OF  CANDIDATE  : 

in   case   of,   how  vacancy   supplied 596 

DELEGATES' : 

apportionment    of,    to   counties    

primary  for  election  of.   when  held 577 

chairman   county   committee  to  certify  number  of 579 

persons   receiving  highest   vote  deemed   elected 581 

names  of,  to  be  certified  to  county  clerk 581 

DEPOSIT  : 

amount    of,    on   petition   for   recount 595 

when,   for   recount  to  be  returned 595 

DIRECT  VOTE  : 

-       nomination   of   candidates   by,   when   effective 560 

E. 
ELECTION  : 

how   construed    '. 561 

ELECTION    COMMISSIONERS  : 

to  cause  names  of  nominees  printed  on  election  ballots 596 

ELECTION  DAY: 

how  voter  may  be  enrolled   on  primary 570 

ELECTION  INSPECTORS   (see  Board  of  Election  Inspectors). 
ELECTION    OF    DELEGATES  : 

provisions    relative    to    577-583 

ELECTOR : 

manner  of  voting  at   primary   election 592 

challenge    of    592 

form  of  oath  of  challenged    592 


INDEX.  221 


ENROLLED :  Sections 

no  person  to  vote  at  primary  unless 560 

ENROLLING   CLERK: 

who  to  appoint,  duties  and  compensation 567 

ENROLLMENT : 

party,   when  and  how  made 564 

notice    of    564 

duty  of  chairman  in  making  party 569 

of  voter  on  primary  election  day 570 

ENROLLMENT   BOOK: 

secretary  of  state  to  furnish,  form  of 564 

who  to  be  custodian  of,   duties  of 565 

when   registration  board   to   review  and  correct 566 

clerks  to  deliver  to  election  inspectors 598 

EXCEPTIONS  : 

act  not  to  apply  to  nomination  of  circuit  or  supreme  judge 561 

EXPENSES  : 

of  primaries,   how  defrayed 563 

F. 

FORM: 

of  enrollment   books    564 

of   petition    573 

of  ballot  for  election  of  delegates 578 

clerks  to  keep  supply  of  printed 585 

of   nomination   papers 585 

of  ballots  used  at  primary  election 588 

FORTY  PER  CENT: 

of  votes  cast,   necessary  to  nominate 575-6 

G. 
GOVERNOR : 

question  of  direct  nomination  for,  when  submitted 575 

how  resubmitted    575 

I. 
INSPECTORS  OF  ELECTION  (see  Board  of  Election  Inspectors). 

J. 

JUDGE  OF  SUPREME  COURT: 

act  not  to  apply  to  nomination  of 561 

JUNE  PRIMARY: 

when   held,  candidates  nominated  at 575-b 

election  of  delegates  at    577 

K. 
KENT  COUNTY: 

chapter  not  to  apply  to 

L. 
LIEUTENANT  GOVERNOR : 

question  of  direct  nomination  for,  when  submitted 575 

how   resubmitted    575 

LIST  OF  CANDIDATES  : 

clerks  to  prepare   and  exhibit 586 

clerks  to  certify,  to  election  commissioners 586 

M. 
MISDEMEANORS  : 

what  deemed    597 

MUSKEGON   COUNTY:' 

chapter  not  to  apply  to 

N. 
NAMES  OF  CANDIDATES  : 

election  commissioners  to  cause,  printed  on  ballots 587 

to  be  alternated  on  ballots 588 

NEW   PARTY: 

nomination  papers  of  candidates  of ooo 

NOMINATION    OF    CANDIDATES: 

by   direct  vote,   when  effective 

question   of,  by  direct  vote,   when   may   be  resubmitted 560 

for   governor,   when   held    575 

by  convention  system   5  < » 

NOMINATION  PAPERS: 

number  of  signatures  required  on,  where  filed,  etc 

form   of    : 

of  candidates  of  new  parties 

limit  of  time  for  filing 

clerks  to  keep  public  record  of 


222  INDEX. 


NOMINEES :  Sections- 

when  candidates  receiving  greatest  number  of  votes  deemed 584 

NOTICE  : 

who  to  give,  of  primary 562 

what  to  state    .  < 562 

of  party   enrollment,   when   made '.  .  564 

of  enrollment  in  districts,  holding  no  elections '.'.'.  568 

when,  of  submission  of  proposition  to  be  given 574 

of  recount  to  be  served  on  opposing  candidate 595 

NOVEMBER   ELECTION: 

nomination  of  candidates  for,  by  direct  vote,  when  effective 560 

NUMBERING  '. 

of  ballots    588 

O. 
OATH: 

of  challenged   voter    592 

OFFICES  : 

order  of,  on  bailots    588- 

P. 
PARTY  ENROLLMENT: 

when  and  how  made    564 

notice   of ...  564 

when  made,   in  districts  holding  no  election 568 

PETITION  : 

for  submission    571 

for  submission,  when  and  where  filed 572 

to  embrace  but  one  object,  form  of 

for   resubmission    of   question 575- 

of  candidates,  number  of  signers  necessary 585 

where  filed,   etc 

for  recount,  what  to  state,  where  filed,  etc 595 

amount  of  deposit  on  filing,  for  recount 595 

PLURALITY  : 

when,   vote  to   nominate 575 

POLITICAL  PARTY: 

'   number  of  persons  belonging  to,   what  deemed 571 

each,   to  have  separate  ballot 588 

POSTERS : 

to  be  furnished  by  county  clerk 598 

to  be  posted  by  election  inspectors • 598 

PRIMARY  : 

when   held   for   September  election 56O 

how   construed    

when  held  for  June  election 576 

PRIMARY  ELECTIONS  : 

in   cities,    when   held    560 

no  person  to  vote  at,  unless  enrolled 560 

how  construed    

notice  of,  who  to  give,  etc 562 

how  conducted    563 

expenses  of,  how  defrayed    563 

who    entitled    to    vote    at 574 

for  governor  and   lieutenant  governor,  when  held 

of  delegates  to  conventions,  when  held,  etc 

general  laws  to  govern   

manner  of  voting  at    592 

challenge  of  voters  at   592 

duty  of  inspectors  at   592 

PRIMARY   ELECTION   DAY: 

deemed  to  be  an  "election  day"  for  certain  purposes 599 

PRINTING  OF  NAMES: 

of  candidates  on  ballot,  how  obtained 585 

PRINTING  : 

of  candidate's  names  on  ballots 

manner  of,  ballots 58$ 

alternation  of  candidates'  names  in 588- 

PROOF  COPY: 

of  ballots,  where  filed   587 

Q. 
QUESTION  : 

of  primary   election,   when  may  be  resubmitted 

manner   of   submitting,    petition   required 

how,  of  direct  nomination  for  governor,  may  be  resubmitted 575 

R. 
RECORD : 

clerks  to  keep  public,  of  nomination  papers 586 

RECOUNT : 

filing  of  petition  for 

procedure  of  board  in  case  of 595 


INDEX.  223 


REGISTER   OF  ELECTORS:  Sections 

clerks  to  deliver  to  election  inspectors  ..........  598 

RESUBMITTED  : 

nominations  by  direct  vote  in  force  until  ...............................  560 

when  question  may  be.  A  .....................  560 

RESULTS  : 

to  be  publicly  declared    ...............  KQQ 

RETURNS  : 

manner  of  canvassing    .  .  .  1^04 

REVIEW  : 

of  enrollment  book,  when  and  by  whom  made  ..............................  566 


SECRETARY    OF    STATE: 

to    furnish    party    enrollment   books  ........................................  564 

when,  to  give  notice  of  submission  of  proposition  ....................  574 

to  furnish  pamphlet  copies  of  act  .....  *>87 

SEPTEMBER   PRIMARY  : 

when  held,   candidates  nominated  at  ..............  560 

SIGNERS  : 

not  to  sign  but  one  paper  for  same  office  ..................................  585 

declaration   of,   of   nomination   papers  .........  585 

SOLICITING  VOTES: 

penalty  for,  within  one  hundred  feet  of  polls  ........  597 

STATE  CENTRAL  COMMITTEE: 

to  certify  number  of  delegates  to  county  commissioners  .....................  577 

to   designate   time  of   holding   county   conventions  ...........................  582 

to  designate  time  of  holding  state  convention  ..................  583 

STATE   CONVENTIONS: 

time  of  holding    ................................  583 

STATE   OFFICERS  : 

convention   for   nomination   of  .......  583 

SUBMISSION  OF  PROPOSITION: 

manner    of    .....................  571 

SUPPLIES  : 

when    and    by    whom    delivered  ............................................  591 

T. 
TALLY  SHEETS: 

disposition  of    .........................................  593 

TIE  VOTE: 

in   case  of,   tie  to  be  determined  by   lot  .................................  595 

TIME   OF   HOLDING: 

September   primary    ......................  560 

TWENTY  PER  CENT: 

petition  to  contain,  of  enrolled  party  voters  ................................  571 

TWO   PER   CENT  : 

petition  of,   necessary  to  secure  printing  of  candidate's  name  ................  585 

V. 

VACANCY  : 

party    committee    to    choose    candidate    in    case   of  ..........................  596 

VIOLATION  : 

of  act,   penalties  for    ....................................................  597 

VOTE: 

no  person  to,  at  primary,  unless  enrolled  ..................................  560 

who   entitled   to,   at   primary   election  ......................................  574 

VOTERS  : 

how,  may  be  enrolled  on  primary  day  .....................................  570 

challenge   of    ............................................................  592 

oath  of  challenged   ......................................................  592 

VOTES  : 

cast  for  governor,  deemed  number  of,  in  political  party  ...................... 

canvass  and  return  of   ..................................................    574,  594 

counting  of,  and  declaration  of  result  ......................................  593 

penalty  for  soliciting,  within  one  hundred  feet  of  polls  .......................  597 

VOTING  : 

manner  of,  at  primary  elections  ...........................................  592 

W. 
WAYNE  COUNTY: 

chapter  not  to  apply  to  .......  .  ......................................  :  .  .  .  584 

WORDS  : 

certain,   how   construed    ..................................................  561 


INDEX  TO 

GENERAL  ELECTION  LAWS 


29 


INDEX. 


TO    GENERAL    ELECTION    LAWS. 
(References  are  to  Compiler's   Sections.) 

ADJOURNMENT :  Sections 

noon,   of  the  polls  in  townships,   proclamation,   etc 115  154 

of   polling   places    149 

of  board  of  state  canvassers * '.  .  igg 

from  day  to  day  by  county  canvassers 212 

final>  of  township  board  of  canvassers  subject  to  recall 225 

of  annual  township  meetings,  proceedings,  notice  of,  etc .'.'.'  278-280 

inspectors  to  ascertain  and  publicly  proclaim  vote  before. .  524 

AFFIDAVIT  : 

voters  unable  to  vote  intelligently  to  make.  .  .  519 

ALDERMEN : 

to   constitute   board   of  registration   in   cities 56,  452-7 

to  act  as  inspectors  of  election Ill,  483 

number  of,  elected  at  first  election  in  cities  of  fourth  class 462 

when  two,  at  large  may  be  elected  in  fourth  class  cities,  term  of  office . .  459 

ALIENS  : 

naturalization  of,   see  Appendix. 

AMENDMENTS  : 

and   revision   of   constitution,   how   made 52,  53 

constitutional,  secretary  of  state  to  certify  to  submission 123 

to  constitution,  how  voted  for,  etc 135 

constitutional,  ballots,  how  printed,  voted,  etc. 155 

canvass   of  votes  on    *  .  ; .  164 

canvass  of  votes  by  state  board  on  constitutional 184-5 

to   constitution   to   be   published   with   laws 186 

duty  of  secretary  of  state  as  to  publicity  of  proposed  constitutional,  etc.  .  536 

ANNUAL  CITY  ELECTION: 

in  fourth  class  cities,  notices,  canvass,  return,  etc 477-92 

ANNUAL    MEETING  : 

applied    to   townships,   how  construed 55 

ANNUAL   TOWNSHIP  MEETING: 

(see  Township  Meeting  and  April  Election.) 

APPEAL : 

when  candidate  mav.  to  circuit  court  for  examination,  etc.,  of  returns.  .  .  .  225 

APPOINTIVE   OFFICERS  : 

by  the  governor,  etc.,  resignations  of,  when  made 399 

APPOINTMENTS  : 

members  of  legislature  not  to  receive  civil 9 

of  election  inspectors  in  township  having  more  than  two  districts,  by  whom.. 

of  election  inspectors  in  village,  when  notice  given 243 

temporary,  to  fill  vacancy  in  certain  offices  by  town  board 320 

of  person  to  fill  vacancy  in  office  of  county  treasurer,  by  whom 372 

of  person  to  fill  vacancy  in  office  of  register  of  deeds,  when  and  by  whom 380 

of  prosecuting  attorney  by  governor    384 

to  fill  vacancy  in  office  of  county  commissioner  of  schools,  by  whom 

of  county  drain  commissioner  by  supervisors,  vacancy,  etc 396 

officers  by,   resignations  of,   how  and  to  whom  made 399 

vacancies  in  certain   state  offices  filled  by.  by  whom 411 

of  county  officers  to  fill  vacancy,  by  whom 412 

of  certain  officers  in  cities  of  fourth  class,  by  whom  and  when  made 4GO,  461 

term  of  officers  holding  office  by,  in  cities  of  fourth  class 464 

APPORTIONMENT  : 

of   state   representatives,    ratio,   etc 538 

of   state  into   thirty-two  senatorial   districts o39 

APPROVAL    OF    BONDS : 

of  county  officers,  by  board  of  supervisors 398 

APRIL   ELECTIONS: 

(see  also  Township  Meetings.) 

county  commissioner  of  schools  to  be  elected  at 

circuit  judges,  election  of,  canvass  of  votes,  term,  etc 413-20 

regents  of  university,   elected  at.  canvass  of  votes,  etc 

justices  of   supreme   court   elected  at,  canvass,   etc 425-32 


228  INDEX. 


APRIL  ELECTIONS— Continued:  Sections 

election  of  overseers  of  highways  at,  in  TJ.  P 439-41 

first  election  in  fourth  class  cities  held  at 442 

in   fourth  class   cities,   inspectors,   proceedings,   canvass,   etc 477-92 

first  election  in  reincorporated  fourth  class  cities  held  at 494 

ARREST : 

of  person  leaving  room  with  ballot  or  pencil 135 

of  person  offending  against  elections,  who  to  cause 341 

ASSISTANCE  : 

of  voter  in  preparation  of  ballot 130 

ASSESSOR  : 

in  city,   to  act  as  inspector  of  election Ill 

ATTORNEY  GENERAL: 

vacancy  in  office  of,  how  filled 411 

to  draft  forms,  etc.,  for  use  at  local  option  elections 559 

AUDITOR    GENERAL: 

when  to  act  as  member,  board  of  state  canvassers 173 

vacancy  in  office  of,  how  filled 411 

B. 

BALLOTS : 

number  of.  to  be  prepared  by  election  commissioners 119 

proof  copy  of,   when  placed  on  inspection 121,  202 

form   of,   perforation   of.   etc 124,  296 

arrangement   of  names   on 

duty  of  printer,  as  to  printing,  delivery,  etc 126 

package  containing,  to  be  sealed,  certified,  and  receipted  for  upon  delivery ....  128 

package  containing,  how  and  when  opened 

how   marked   by   voter,   folding  of 

to  whom  delivered,  perforated  corner  to  be  torn  off,  etc 

by  whom  and  where  distributed,   to  have  initials,  etc 139 

assistance  of  voter  in  preparation  of ' 141 

unused  and  spoiled,  to  be  preserved,  etc 143-4 

canvass  of,  result,  how  declared,  statement,  etc 145,  147 

to  be  placed  in  box,  sealed,  etc 

limit   of  time  in   booth   while  preparing 

constitutional  amendments,  to  be  separate,  how  marked,  etc 

and  poll   lists  to  be   delivered   to   city   clerk 156 

duty  of  inspectors  upon  receipt  of,  of  challenged  voter 204-5 

when   may   be  produced   in   coiirt 

proceedings   for  making  recount  of 

after  recount  to  be  sealed  up,  to  whom  returned 

to   be   counted   and   compared   with   poll   list 

in  cities  of  fourth  class,  preparing  of,  etc 

irregular,   how  cast,  etc.,  on  voting  machine 

for  local   option  election,   form  of,   who  to  furnish 547 

form  of,  etc.,  for  general  primary  election 587-99 

BALLOT  BOXES : 

who  to  provide,  where  kept,  lock  and  key  for 116,  117 

when    marked   ballot   deposited   in ' 135 

to   whom   delivered    137,  146 

how  sealed,  care  of  key,  etc.,  returning  and  opening  of 137, 138 

opening  of,   and   canvass  of  votes 

separate,  for  votes  on  constitutional  amendments,  how  marked 155 

when  may  be  produced  in  court 206 

when  may  be  opened  by  county  canvassers 

penalty  for  violation  of,  breaking  into,  etc 225,  340 

used  in  election  district,  where  deposited 239,  244 

common  council  may  provide,  for  city  primaries 

how  constructed,  kept  and  disposed  of  at  town  meetings 295 

in  cities  of  fourth  class,  by  whom  kept,  etc 

village  council  to  provide   

when  provided  for  in  precincts  using  voting  machine 522 

BALLOT   CLERKS  : 

may  be  dispensed  with  in  election  districts  using  voting  machines 533 

BANKING  LAW: 

votes  on,   how   canvassed  and  returned 165,  184-5 

BAR  ROOM  : 

elections  not  to  be  held  in 149,  363 

BETTING  : 

on  elections,  penalty,  proviso  as  to  fine 343-5 

BOARD  OF  COUNTY  CANVASSERS : 

statements  of  election  forwarded  by  registered  mail  to 147 

duties   of    157-165 

duty  of   in   case   of  tie  vote .  .  .  • ! .  .  .  .  160 

to  make  duplicate  statement  of  district  canvass 161 

to  whom  delivered    161 

canvass  of  votes  by,   on  amendments 164 

who  to  constitute,  in  Wayne  countv 209 

election,    powers   and   duties 209-221 

term   of  office  of,  oath,   etc 210 

when  to  meet,   and  organize 

proceedings   of,    in   making   canvass 

to  make  statement  of  result  of  count 

proceedings  of,   in   case  of  tie  vote 

penalty  for  violation  of  act 217 


INDEX.  229 


BOARD  OF  COUNTY  CANVASSERS— Continued:  Sections 

duties   of.    in    case   of    recount 218-21 

duty  of,  as  to  investigation,  etc.,  of  frauds,  etc.,  made  by  inspectors 225 

when  to  designate  successor  of  circuit  court  commissioner 388 

canvass  of  votes  by,  for  circuit  judge  and  regents 418,  424 

canvass  of   votes   for   supreme   court  justices 431 

BOARD   OF   DISTRICT   CANVASSERS  : 

statement  of  votes  by,   what  to  contain 158 

duty  of,  in  case  of  tie  vote 160 

who   to   constitute,   powers   and   duties 166-171 

when  and  where  to  meet  and  make  canvass 168 

manner  of  determining   person   elected 170-1 

to  certify  names  of  persons  elected 171 

to  publish  result  of  canvass 171 

BOARD  OF  EDUCATION   (see  State  Board  of  Education). 
BOARD   OF   ELECTION  COMMISSIONERS  : 

county,   members  of,   duties,   etc 119,  120 

unlawful  for,  to  cause  name  printed  in  more  than  one  column  on  ballot 120 

exception  as  to  judge  in   10th  judicial  circuit 120 

duty  of,  to  correct  errors  in  proof  copy  of  ballot 121 

to  furnish  pencils,  etc.,  for  each  voting  precinct 127 

chairman  of,  to  certify  number  of  ballots  in  package,  etc 128 

when  may  designate  elector  ballots  may  be  delivered  to 129 

duty  of,  as  to  printing,  etc.,  of  ballots  for  constitutional  amendments 155 

township  board  to  constitute  township,  duties  of 201 

city,   who  to  constitute,   duties  of 201 

village,  who  to  constitute,  duties  of 201.  509 

when  political  committees  to  furnish,  with  names  of  candidates 202 

in  fourth  class  cities,  appointment,  duties,  etc 487-8 

duties  of,  as  to  voting  machines,  names  of  nominees,  instructions  to  voters,  etc.  520 

when,  not  to  furnish  paper  ballots ' ' 532 

BOARD  OF  ELECTION   INSPECTORS    (see  Inspectors  of  Election). 
BOARD  OF  REGISTRATION  : 

who  to  constitute,  for  cities  and  townships 56 

in  cities,  meetings  of,  powers  and  duties x. 58-62 

in  townships,   who  to   constitute,   etc 64 

in  townships,   sessions  of,   when  held,  powers  and  duties 67 

to  review  and  correct  lists 73 

in  new  villages,   duty  of 77 

compensation    of   members    of : 82,  245 

in  Wayne  county,  who  to  make  re-registration 85 

when   in  session    85 

election  inspectors  to  constitute,  in  new  townships 86 

when  to  meet    87 

in  new  townships,  organization  of,  etc 89-91 

not  to  meet  where  intoxicating  liquors  are  sold 92 

penalty  for  violation   93 

duties  of,  as  to  registration  of  electors  in  districts 238 

in  fourth  class  cities,  for  first  election,  who  to  constitute,  etc 444 

duties,    re-registration   new   wards,   compensation,   etc 452-7 

meeting  of,  for  first  election  in  incorporated  villages,  notices,  etc 495 

village  board  of,   who  to   constitute,  sessions,   etc 498 

when,  to  provide  for  voting  machine  and  explain  operation  to  voters 523 

BOARD    OF   STATE   CANVASSERS: 

who   to    constitxite,   duties   of,    etc 41,  173 

powers  and   duties  of    173-185 

secretary  of  state  to  appoint  time  of  meeting  of 177 

statement  of,   what  to  show 178-9 

when   to   canvass  votes  for  presidential   electors 182 

may  adjourn  from  day  to  day 188 

canvass  by,   for   circuit  judges 419 

for  regents  of  university    424 

for  justices  of  supreme  court 432 

BOARD   OF   SUPERVISORS  : 

duties  of,  as  to  dividing  county  into  representative  districts 

when  special  elections  to  be  ordered  by 98,  107 

to  elect  board  of  county  canvassers 

duty  as  to  first  election  in  new  township 

may  select  person  to  fill  office  of  county  treasurer  in  case  of  vacancy,  etc 372 

county   drain  commissioner,   when  to   appoint,   vacancy,   etc 

approval  of  bonds  by    398 

removal   and  appointment  of  county  officers  by 

when  may  authorize  the  use  of  voting  machines  at  township  election 518 

duty  of,  relative  to  local  option  elections 541-59 

BOND  : 

of  justice  of  the  peace,  where  filed 

penalty  for  certain  township  officers  neglecting  to  file , 

county   treasurer   to  give    371 

county  clerk  to  give,  amount  of  and  by  whom  approved 

of   sheriff    377 

of   coroners 

of  register  of  deeds    379 

of  county   surveyor    *  •  • 

when  certain  county  officers  to  give,   with  whom  filed 

of    circuit    court    commissioner 391 


230  INDEX. 


BOND — Continued:                                                                                                               .  Sections 

county   commissioner  of   schools 393 

county  drain  commissioner  to  execute  and  file 396 

approval  of  county  officers',  by  supervisors 398 

when   probate  or  circuit  judge   may  approve 398 

officers  in  cities  of  fourth  class  to  give,  by  whom  examined,  with  whom  filed..  468-470 

BOOTHS : 

pencils,   etc.,  to  be  furnished  for  each 127-8, 131 

admittance  of  voters  to,   in  the  order  which  they  apply 130 

to  be  erected  in  voting  room,  number  of  and  specifications  for 130 

elector  to   mark  and  fold  ballot  in 135 

marking  of  ballot  of  physically  incapable  person  to  be  done  in 141 

limit   of   time  elector  may   remain   in 151 

for  primaries  in  cities,  who  to  provide,  notices,  etc 250 

BRIBERY : 

penalty   for  attempted,    of   elector 337 

who  deemed  guilty  of   346,  348 

C. 
CANDIDATES  : 

not  to  act  as  inspector  of  election Ill 

name   of,   nominated  by  two   or  more  parties,   unlawful   to  be  printed  in  more 

than   one   column  on   ballot 120 

exceptions  as  to  circuit  judge  of  10th  judicial  circuit 120 

names  of,  and  vignette  adopted,  to  be  sent  to  chairman 120 

order  of  placement  of,  on  ballot  for  November  and  April  election 

in  case  of  death,  removal  or  withdrawal  of 

unlawful  to  influence  voter  to  vote  for  or  against 142,  152 

names  of,   when  and  by  whom  given  to  commissioners 202 

contesting  election,  to  file  petition  for  recount  of  ballots  and  make  deposit....    218,226 

to  be  notified  of  recount  by  county  canvassers 219 

filing  petition  for  recount  to  make  deposit,  etc.,  when  may  appeal  to  circuit  court 

"primaries"   for   choosing,   for  office,   in   cities,   how  construed,   etc 247 

at  city  primaries,  unlawful  to  solicit  money  from,  influence  voter,   etc 258-9 

at  convention,   unlawful  for  delegate  to  solicit  money,  etc 261 

legitimate  election  expenses  of    

not  to  provide  refreshment  for  corrupting  voter,  penalty . ; 

election  of,  who  commits  bribery,  void 352 

Senalty  for  offering  reward,   etc.,   to  support 366-8 
i  fourth  class  cities,  in  "case  of  tie  vote  for 490 

primary   election   law   for  nomination   of 560-99 

CANVASS  OF  VOTES : 

county  and  district,  when  held  in  U.  P 51,  438 

how  conducted,  what  ballots  void,  etc 

result  of,   how  declared,   statement,   etc 

on   constitutional   amendments    155,  164, 184-5 

for  state  and  county  officers 

on  general   banking  law 

who   to   constitute  board   for  district 

when  and  where  district  canvassers  to  meet  for 

state,  when  and  how  made 178-185 

for  presidential   electors,   when  made 

method  of,  by  board  of  county  canvassers 

petition  of  candidate,  in  alleged  fraud  or  error  in 

proceedings  for  correction  of  frauds,  etc.,  in,  etc.,  made  by  inspectors 

:         in   district,   how   and   by   whom   performed 239-40 

at  township  elections    302-5 

at  primaries,  penalty  for  inspectors  making  false 358 

for  circuit  judge,  how  conducted,  etc 417,  419 

for  regents  of  university    423-4 

for  justices   of   supreme   court,   state  and   county 430-2 

in  fourth  class  cities,  how  conducted 

at    village    election,    law    governing 497,  512 

number  of  pamphlets  showing  result  of,  at  April  election,  by  whom  printed. . . . 

at  local  option  election,  statements,  where  filed 549 

CANVASSERS    (see   Board   of   County   Canvassers;    Board   of  District   Canvassers; 
Board   of   State   Canvassers). 

CANVASSERS'   STATEMENTS  : 

how   made  up,   certified,   where  filed 159 

CAUCUS : 

or  primaries  in   cities,   act   relative  to 247-68 

punishment   for   offenses   at    356-64 

CERTIFICATE  : 

of  determination  by   state  board  of   canvassers 180 

candidate  not  receiving,  of  election  may  have  returns  examined,  etc.,  in  circuit 

court     

of  statement  relative  to  results,  etc.,  of  canvass 304,  305 

of  election,   county  clerk  to  make  and  deliver 162 

of  election  in  fourth  class  cities,  where  filed,  etc 445,  489 

and  statement  of  votes,  to  be  filed  with  village  clerk 512 

CERTIFIED   COPIES  : 

clerk  to  furnish  secretary  of  state  with,  of  county  canvass 215 

CHAIRMAN  : 

of  board  of  election  inspectors,  when  supervisor  to  be 

of  board  of  election  commissioners 119 


INDEX.  231 


CHAIRMAN — Continued:  Sections 

of  board  of  election  inspectors  in  each  precinct,  to  procure  ballots,  etc 128 

of  board  of  county  canvassers,  election  of,   etc 211 

of  election   inspectors   in  fourth  class  cities 484 

CHALLENGE : 

of   person    not    registered 70 

proceedings   in  case  of    133, 298 

duty  of   inspectors  to,  disqualified  elector 134 

of  elector  at  city  primaries,   oath,   etc 253,  254 

challenged  voter  to  wait  until  others  have  voted 255 

'  of  voter  in  townships,  duty  of  moderator 333 

of  voters  at  primaries,  oath,   when  vote  received,   etc 357-8 

CHALLENGED  VOTER: 

duty  of  inspectors  upon  receipt  of  ballot  of 204-5 

CHALLENGERS : 

number  of,  position  assigned,  powers  and  authority  of,  removal  of 132 

duties   of,    in   assisting   voters 141,  519 

CHIPPEWA  COUNTY: 

county  commissioner  of  schools  In,  to  be  elected  at  general  election 393 

CIRCUIT   COURT: 

when  candidate  may  appeal  to,  for  examination,  etc.,  of  returns 225 

judge  of,  may  fill  vacancy  in  office  of  county  clerk  or  prosecuting  attorney...  409 

CIRCUIT  COURT  COMMISSIONER: 

election    of,    term    of   office,    etc 387-9 

when    counties    entitled   to   two 387 

when  two,  elected,  county  canvassers  to  designate  successor 388 

oath    and    bond    of    390-1 

vacancy  in  office  of,  how  filled 392 

CIRCUIT   JUDGES: 

term  of  office  of,  when  elected 22,  29 

election  of,  in  new  circuits   23 

term   of   office,    when   to   begin 54 

.      in  10th  judicial  circuit,  exception  as  to  form  of  ballot 120 

when  to  designate  successor  of  circuit  court   commissioner 388 

when  may  approve  county  officers'   bonds 398 

when  may  remove  county  clerk 406 

may  fill  vacancy  in  office  of  county  clerk  or  prosecuting  attorney 409 

election  of,   canvass  of  votes,  term,  etc 413-20 

CITIES  : 

when,  is  entitled  to  more  than  one  representative 

when  legislature  may  organize,  into  separate  county 

board   of  registration  in,   who  to  constitute,  etc.  . . 56 

registration    in,    previous   to   1859 57-59 

section  relative  to  registration  in,  not  to  apply  to  certain 

opening  and  closing  of  polls  in,  and  townships 

who  to  constitute  board  of  election  commissioners  in 201 

duties  of    201 

act   relative  to   primaries   in,   of  certain   population 247-68 

under   15.000,   how  may   conduct  primaries v 

when  election  districts  in,  using  voting  machines  may  be  divided 529 

CITIES   OF   THE  FOURTH  CLASS: 

first    election    in,    registration,    etc 442-5 

registration   in,   duties   of   board,    re-registration,   etc 450-7 

what   officers   in,    to    be   elected 458 

when  two  aldermen  at  large  may  be  elected  in 

appointments  of  certain  officers  in,  made  by  mayor  with  council's  consent 460,  461 

officers  elected,  appointed  or  filling  vacancy  in,  term  of  office 462-465 

qualifications    for   holding   office    in 

officers  in,  when  to  take  oath  and  give  bond 467-470 

elections   in,    inspectors,    conducting   of,    canvass,   returns,   etc 477-92 

relative  to   elections,   ballots,   etc.,   to   be  incorporated  as 

first    election    in    reincorporated 

CITY   CLERK  : 

list  of  registration   signed  by  board  and  filed  with 

to   deliver   register   to   election    inspectors 

when  to  deliver  and  certify  to  copy  of  register  of  electors  to  elector 

to  forward  secretary  of  state,  number  of  registered  names 

to   provide   ballot   box,    key,    election   seal,   etc 

printed  instructions  to  voters  furnished  by 

to  have  charge  of  ballot  box 

duty  of,  as  to  duplicate  statements  of  result  of  election 

ballots  and  poll  lists  to  be  delivered  to 

to  be  notified  of  holding  of  primaries 

in  fourth  class  cities,  notice  of,   as  to  registration 

in  fourth  class  cities,  notices  of  election  given  by 4«O 

duty  as  to  ballot  boxes,  certificate  of  election,  etc 481,  489-92 

duty  of,  as  to  election  to  be  incorporated  as  fourth  class  city 

CITY  COMMITTEE: 

notice  of  time  for  holding  primaries  in  cities  given  by ^4» 

CITY   COUNCIL: 

when,  may  authorize  the  use  of  voting  machines  at  city  elections 518 

CITY  OFFICERS: 

removal  of,  for  certain  reasons,  by  whom 4U5 

what,  in  cities  of  fourth  class  to  be  elected - 458 

appointments  of  certain,  in  cities  of  fourth  class  when  and  by  whom  made....   4bO,4bi 
terms  of,  oath  and  bond,  appointments  of,  etc 463-8 


232  INDEX 


CIVIL   PROCESS:  Sections 

not  to  be   served  on   election  day 198 

CLASSIFICATION  : 

of  justices  of  the  peace,  in  case  of  no  previous  election 272 

of  justices  of  the  peace  in  new  townships 311-314 

of  justices  of  the  peace  in  case  of  election  to  fill  vacancies. .  315 

CLERKS   OF   ELECTION  : 

how  may  register  name  on  election  day 69 

tn    townships    and    cities 113 

duty  as  to  entering  names  on  poll  list 135 

to   compare  poll   lists,   etc 136 

use   of   liquors  by,   on  election  day 150 

rules,  etc.,  governing  conduct  of,  where  voting  machines  are  used 531 

COMMISSIONER  OF  HIGHWAYS  : 

election  of,   term   of  office 46,   269,   273,   275 

designation  of  persons  to  fill  vacancy  of,   on  ballot 297» 

COMMITTEES  : 

state,  county  and  district,  to  forward  to  county  election  commissioners  vignette 

and  names  of  candidates    120 

political,  in  townships,   cities  and  villages,  duties  of 201 

party  to  designate  time  for  holding  primaries  in  cities 249 

may  make  rules  as  to  registration  at  city  primaries 262 

COMMON  COUNCIL: 

to  provide  for  by  ordinance,  division  of  voting  precinct 114 

may  cause  political  parties  to  hold  primaries  at  same  time 257 

of  cities  under  15,000  may  enact  ordinance  as  to  conduct  of  primaries 264 

authority  of,  as  to  opening  and  closing  of  saloons  on  election  days 370 

in  fourth  class  cities,  may  call  special  election 442 

to   appoint   election   inspectors 443 

duty    as   to   board    of   registration 452 

may  divide  wards  into  precincts 451 

when  may  provide  for  election  of  two  aldermen  at  large 459 

duty  as   to   elections,    notices,   etc 477-92 

when  to  call  election  to  vote  on  incorporation  as  fourth  class  city 493 

when,    may    provide    for    division    of    election    districts    in    city    using    voting 

machines     529 

COMPENSATION  : 

of  members  of  boards  of  registration 82 

of   gate   keepers 148 

of  sheriff  and  county  canvasser  for  election  services 196 

of  district   canvassers,   how  paid 197 

of  board  of  county  canvassers 209 

election  inspectors  to  receive    236 

to  members  of  board  of  registration   in  villages 245,  498 

of  township   officers    326,  327 

of  board  of  registration  in  fourth  class  cities 

in  fourth  class  cities,  of  inspectors  of  election 483 

of   village    election    inspectors    507 

CONSTABLES : 

election  of,   term   of  office,   number  of 46,  269,  275 

duty  as  to  offenses  against   elections 341 

to   close  saloons,   etc.,   found  open   on   election   day,   and   report   to  prosecuting 

attorney    354,  370 

CONSTITUTIONAL  AMENDMENT    (see  Amendments). 

CONSTITUTIONAL   PROVISIONS  : 

relative   to   elections    1-54 

CONTESTED   ELECTION  : 

proceedings   in   cases   of  a -. 206-8,  226-32 

CONVENTION  : 

primaries  in  cities  for  choosing  delegates,  etc.,  to 

delegation  to  city  or  county,  vacancy,  how  filled 260 

unlawful  for  delegate  to  solicit  money 261 

delegates  to,  elected  by  ballot,  in  case  of  tie,  etc 263 

of  political  parties,   act  to  protect  and  punish  offenses  at 356-64 

delegates  to,  or  primary,  certain  acts,  misdemeanor 

delegates  to,  not  to  give  proxies 365 

vacancies  in  delegations  to  political,   how  filled 365 

penalty  for  offering  and  soliciting  money  at  political 366-8 

CONVENTION,    CONSTITUTIONAL: 

when  submitted  to  electors    53 

COPIES  : 

county  clerk  to  make  three,  of  county  canvass 

of  result  of  vote  by  and  to  whom  transmitted 524 

CORNER : 

upper  right  hand,  on  front  side  of  ballot  to  be  perforated  and  numbered 124 

lower  left  hand,  of  ballot  to  be  marked  by  inspector  with  his  initials 

perforated,  to  be  torn  off  by  inspector 135 

CORONERS : 

term  of  office,  when  elected,  to  give  bond 

vacancy  in  office  of,  how  and  when  may  be  filled  temporarily 409 

COUNTING  OF  VOTES    (see  Canvass  of  Votes). 

COUNTIES  : 

when  unorganized,   considered  organized  for  election  purposes 

when,  entitled  to  two  circuit   court  commissioners 387 

apportionment  of  state  senators  and  representatives  among 538,  539 


INDEX.  233 


COUNTY   CANVASS:  Sections 

of  votes    157-165 

clerk   to   make   three   copies   of 214 

•   original  copy,  where  filed   214 

COUNTY  CANVASSERS   (see  Board  of  County  Canvassers). 

COUNTY    CANVASSER: 

compensation   of,   by   whom   allowed,   etc 196 

COUNTY   CLERK: 

term  of  office,  when  elected,  to  give  bond 44,  37^ 

list  of  electors,  election  inspector  to  file  with 61 

township  clerk  to  file  copy  of  register  with 76 

duties  of,  as  to  special  election  to  fill  vacancy 107 

an   election  commissioner   119,  120 

proof  copy  of  ballot,   when  to  be  filed   in  office  of 121 

impression  of  vignette,  etc.,  when  filed  in  office  of 122 

printed  instructions  to  voters,  duty  as  to 140 

tally  sheet  and  statement  of  canvass  forwarded  to 147 

poll  lists  to  be  delivered  to,  and  filed  by 156 

canvasser's  statement  to  be  filed  with 159 

duty   of,    on    receipt    of   district    canvass 161 

to   certify  persons  elected    162-3 

duty  of,  as  to  return  of  canvass  on  amendments 164 

to  be  member  of  board  of  district  canvassers 166 

duty  of,  when  unable  to  attend  district  canvass 169 

to  furnish  secretary  of  state  copy  of  determination  of  district  canvassers 172 

to    notify    persons    elected    172 

to  file  notice  of  vacancy  in  office  of  congressman 190 

to  notify  members  of  county  canvassers  of  election 209 

to  be  member  of  board  of  county  canvassers 209 

to  make  three  copies  of  county  canvass 214 

to  file  original    214 

to  furnish  secretary  of  state,  certified  copies  of  county  canvass 214-5 

penalty  for  neglect  of  duty  as  county  canvasser 216 

duty  of,  as  to  furnishing  blanks  for  making  election  returns 224 

return  of  names,  etc.,  of  persons  elected  or  appointed  to  be  made  to 

when,  to  transmit  to  secretary  of  state  certified  list  of  certain  officers 376 

supervisor  to  notify,  of  vacancy  in  office  of  treasurer  or  justice  of  the  peace..  401 

removal   of,   when   and  by  whom 406 

vacancy  in  office  of,  may  be  filled  by  circuit  judge 409 

and  prosecuting  attorney  may  appoint  to  fill  vacancies  in  certain  county  offices  409 

statement  of  vote  for  circuit  judge,  to  whom  sent,  etc. . .' 

certificates  of  determination  of  village  election,  to  be -filed  with 513 

returns  of  vote  of  certain  officers  at  general  election  by,  when  and  to  whom.  .  534 

election  returns  from  senatorial  districts  made  to 540 

duty  of,  when  presented  with  petition  to  submit  question  of  prohibiting  liquor 

traffic  in  county   543 

to  forward  to  secretary  of  state  transcript  of  resolution  of  prohibition 553 

when  to  make  copy  of  poll   list,   fee  for 557 

COUNTY   COMMISSIONER  OF   SCHOOLS: 

to  be  elected  at  April  election,  term  of  office,  to  file  oath  and  bond 393 

eligibility    to   office   of    '. 394 

vacancy  in  office  of,  how  and  by  whom  filled 395 

COUNTY  COMMITTEES: 

state,  district  and,  to  forward  to  county  election  commissioners,  vignette  and 

names  of  candidates    120 

COURTS : 

jurisdiction   of,   for  offenses  against   registration  laws 79 

groceedings  of,   in   cases  of  contested  election 207-8 

aving  charge  of  offenses  against  elections,  duty  as  to  grand  jury 342 

COUNTY  DRAIN  COMMISSIONER: 

appointment  of,  by  board  of  supervisors,  term,  oath,  etc 396-7 

COUNTY   OFFICERS: 

election,    term    of    office,    etc 44, 54 

special  elections  of,  by  whom  ordered 98 

duty  of  sheriff  as  to  general  election  choosing 

statement  of  votes  for,  by  county  canvassers 157 

county  clerk  to  forward  list  of,  to  secretary  of  state 163 

proceedings  in  case  of  tie  vote  for 213 

oath  of  office,   bonds  of 382-3 

elected  at  general  election,  when  terms  of  office  to  commence 

approval   of  bonds  of,   by  board   of  supervisors 398 

when  judge  of  probate  or  circuit  court  judge  may  approve  bonds  of 

-vacancy  in  office  of  certain,   how  filled 402.  409 

removal  of  certain,  by  whom    403-5 

removal  and  appointment  of,  by  board  of  supervisors 412 

election    of,    in    upper   peninsula 436-7 

COUNTY  SURVEYOR: 

term  of  office,  when  elected,  to  give  bond 

vacancy    in    office   of,    how    filled   temporarily 409 

COUNTY  TICKET : 

order  of  arrangement    124 

COUNTY  TREASURER: 

term  of  office,  when  elected,  to  give  bond 

vacancy  in  office  of,  how  and  by  whom  supplied 372 

to  file  bonds  given  by  certain  county  officers 

30 


234  INDEX. 


D. 

DAMAGE :  Sections 

penalty  for,  to  or  obstructing  use  of  voting  machines . . 

DEATH : 

in  case  of,  etc.,  of  candidate 125 

DEFAULTER: 

ineligible  to  hold  office,   votes  for  void 10  504 

DELEGATES : 

to  conventions,  primaries  in  cities,  for  choosing 247 

to  city  or  county  convention,  vacancies,  how  filled 260 

elected  to  city  or  county  convention  not  to  give  proxy 260,  365 

soliciting  of  money   by,   misdemeanor 261 

to  convention,  how  elected,  ballots  in  case  of  tie,  etc 263 

penalty  for  soliciting  money  or  reward 366-8 

to  primary  or  convention,   certain  acts  a  misdemeanor 359 

caucuses  for  appointment  of,  to  conventions,  when  to  begin,  etc..  364 

DEPOSITS  : 

made  by  candidates  filing  petition  for  recount  of  ballots .  .218,  220,  225-6 

DETERMINATION  : 

of   state   canvassers   to   be   published 187 

of  result  of  election  of  circuit  judge,  by  whom  given 419 

of  state  canvassers  as  to  result  of  election  of  justices  supreme  court 432 

of  council  in  fourth  class  cities  of  result  of  election 489 

DETROIT  CITY: 

section  relative  to  registration  not  to  apply  to 60 

DIRECT   NOMINATIONS  : 

act    relative    to    560-99 

DISTRIBUTION  : 

of  ballots,   by   whom,   where,   etc 139 

DISTRICT  CANVASS: 

of    votes    158-172 

duplicate  statement  of,  where  filed,  etc 161 

DISTRICT    CANVASSER: 

compensation  of,   how  paid    197 

DISTRICT  CANVASSERS    (see  Board  of  District  Canvassers). 

DISTRICT  INSPECTORS  OF  ELECTION    (see  also  Inspectors  of  Election). 

appointment  and  election  of,   in  townships  having  more  than  two  districts .... 

duties  of,  as  to  canvassing  votes  in  districts 239 

DISTRICT  NO.  1  : 

who  to  constitute  board  of  election  inspectors  in 235 

statements,   etc.,   relative  to   election   in  village  districts  to   be   deposited   with 

inspectors    of    » 239,  244 

election  inspectors  in  village,  of  whom  to  consist 243 

DISTRICT  NO.  2  : 

who  to  constitute  board  of  election  inspectors  in 235 

DISTRICT,   REPRESENTATIVE  : 

counties  constituting  one,  returns  of,   where  made 538 

DISTRICTS,    SENATORIAL  : 

apportionment  of  state  into  thirty -two 539 

DISTURBANCES  : 

exciting,    at    election,    etc.,    misdemeanor 369 

DRAIN  COMMISSIONER    (see  County  Drain  Commissioner). 

DRAWING   LOTS: 

when  canvassers  may  determine  person  elected  by 160 

DRUNKENNESS  : 

cause  for  removal  from  office 408 

DUPLICATE   STATEMENTS  : 

of  result  of  canvass  of  votes,  how,  by,  and  to  whom  delivered,  etc 147 

E. 

ELECTION  BOARD    (see  Inspectors  of  Election). 

ELECTION  COMMISSIONERS   (see  Board  of  Election  Commissioners). 

ELECTION  DAY: 

registration  of  names  on    63,  69 

bringing  of  liquors  into  polling  place  on,  penalty 

civil  process  not  to  be  served  on 

penalty  for  sale  of  liquor  on 354,  355 

saloons,  etc..  to  be  closed  on,  arrests,  penalty,  etc 370 

ELECTION  DISTRICTS  : 

division   of,    proceedings,    how   governed 

in  cities,  council  to  provide  by  ordinance 

when  township   may  be  divided   into 

boundaries,  etc.,  of,  entered  on  record  of  township  board 

notice  of  first  election  or  township  meeting,  when  given 

who  to  constitute  board  of  election  inspectors  in  different 

registration  of  electors  in    , 

canvass  of  votes  in,  by  whom  statement,  etc.,  to  be  made 

time  of  meeting  of  electors  in,  to  transact  business  and  canvass  votes 

division   of   villages    into   241,  242 

election  inspectors   in  village,   of   whom  to  consist 

when  township  board  may  abolish  division  of  township  into 

each  ward  in  fourth  class  cities,  when  to  be 

using  voting  machines,  when  may  be  divided 529 


INDEX.  235 


ELECTION  DISTRICTS— Continued:  Sections 
when   paper  ballots  not   furnished  by  secretary  of  state,   etc.,  to,  using  voting 

machines 532 

using  voting  machines  may  dispense  with  ballot  clerks  and  gate  keepers 533 

duty  of,  as  to  recount  of  ballots  in  contest  of  election 229 

board  of,   of  whom  to  consist,  how  selected (>31 

ELECTION   EXPENSES: 

legitimate    347 

ELECTION  INSPECTORS    (see  Inspectors  of  Election). 
ELECTION    RETURNS: 

in   U,    P.    when   made,    etc 437, 438 

of  tlie  various  representative  districts,  where  made 538 

of  the  senatorial  districts,  where  made 540 

ELECTION  : 

of  members  of  legislature,  when  held 11 

of  circuit  judges  in  new  circuits : 23 

of  justices   of   peace    28 

of  circuit  judges,   providing  for,  canvass  of  votes,  etc 29,  413-20 

of  probate  judge,  when  held : 30,  374 

of  electors  for  president,   etc.,   when  held 101,  191 

candidate  for,  not  to  furnish  entertainment,  etc.,  to  voters 152 

county  clerk   to  notify  persons  of 162 

first  election  of  state  board  of  education 189 

of  county  canvassers,  when  and  by  whom 209 

when  notice  of  first,  in  election  districts  be  given 234 

mannef  of,  of  election  inspectors  in  townships  having  more  than  two  districts  235 

notice   of   first,   in   village  districts,   when  given 243 

first,   in  incorporated  villages,  board  of  registration,  etc 495 

after  first,  when  annual  held   505 

of  delegates  to  convention,  ballot,  tie,  etc 263 

notice  of,  to  township  office,  when  transmitted  by  clerk 308 

of   candidate  who  commits   bribery,   void 352 

of  county  treasurer    371 

of  county  clerk    375 

of  sheriff 377 

of    coroners 378 

of   register   of   deeds 379 

of    county    surveyor    

of  circuit  court  commissioner,  term  of  office,  etc 387 

of   county   commissioners   of   schools 

in   Chippewa   county 393 

of  county  drain  commissioner  by  board  of  supervisors 396 

notice   of,   to  -fill   vacancy  of  county  officers 412 

of  regents,  canvass  of  votes,  statements,  etc 421-4 

•Justices  of  supreme  court,  canvass,  vacancy,  etc 425-32 

of  U.  S.  senator,  act  relative  to 433-5 

of  state  and  county  officers  in  U.  P 436-7 

of  prosecuting  attorneys  in  TJ.  *P 438 

providing  for,  of  overseers  of  highways  in  U.   P 439-41 

first,  in  cities  of  fourth  class,  what  officers  to  be  elected  at 462 

ELECTIONS  : 

for  provisions  of  TI.   S.  constitution  relative  to,  see  Appendix. 

who  entitled  to  vote  at    31 

proceedings   relative   to   registration,    etc 56-85 

illegal   voting  at,   penalty   for 71 

notice  of,  to  fill  vacancy  in  certain  offices 103 

duty  of  sheriff  as  to  notifications  of 10<* 

duties  of  township  clerks  or  inspectors  as  to  notifications  of 110 

election  inspectors  to  keep  order,  etc..  at 134 

canvass  of  votes,  how  conducted,  void  ballots,  etc 145 

gate  keepers,    powers   and   duties   at 148 

not  to  be  held  in  saloons,  changing  of  polling  place 149 

intoxicating  liquors,   penalty  for  bringing,   into  polling  place 150 

general,    penalty    for    violating   provisions    of 153 

general,   opening  and  closing  of  polls  in  cities  and  townships 154 

where  unorganized   counties   considered  organized   for  purposes  of 194 

proceedings   in   cases   of  contested 206-8,   226-32 

in   what   manner   conducted   by   election   inspectors 236 

canvass  of  votes  at,   in  districts  and  townships 239 

manner  of   conducting,   in   village  districts 244 

•     in  townships  where  division  into  districts  has  been  abolished,  how  conducted.  246 

act  relative  to  holding  of  primaries  in  cities 247-68 

first,    in  new  townships    

penalty  for  neglect  of  officers  to  perform  duties,  etc 336 

illegal   voting  at,   penalty  for 

ballot  boxes,  seals,  etc.,  penalty  for  violation 340 

betting,    selling   pools,    bribery,    etc 343-8 

primary,   act  to   protect   and   punish  offenses   at 356-64 

in  cities  of  the  fourth  class  : 

first,   when   held,   proviso  as  to   registration 442 

election    inspectors,    appointment,    duties,    etc 443-5 

electors  in,   wards  may  be  divided   into  precincts .     450-1 

annual   city,   when   held,   etc.,    special 477-8 

notice,    opening   of   polls,    inspectors,    etc 479-83 


236  INDEX. 


ELECTIONS— Continued:  Sections 

manner  of  conducting,   result,  in  case  of  tie 484-92 

laws  governing,   in  townships,  how  applied  to  villages 497 

annual,   in  villages,   when   held 505 

special,   how   appointed,    when  held 506 

village,  manner  of  conducting   511 

who  may  authorize  the  use  of  voting  machines  at  township,  city  or  village. . . .  518 

ELECTIONS,  GENERAL: 

state  officers  election  at,  term  of  office 39,  40 

member  of  state  board  of  education  elected  at,  term  of  office,  etc 48 

when  held  in  U.   P.,   county   and  district  canvass.  . 51 

submission  of  constitutional  convention  to  electors  at 53 

words,  how  construed    .*.  55 

when   held 94 

when  secretary  of  state  to  give  notice  relative  to 104,  105 

notice   of,    choosing    county    officers 109 

duties  of  township  clerks  or  inspectors  as  to  notices  of 110 

inspectors  at,   who   to   constitute,    oath,    etc Ill,  113 

division  of  township  into  districts  to  be  made  twenty  days  before  first 

when   April,   considered,    for   election   of   regents 

April,  considered,  for  election  of  justices  of  supreme  court 

returns  of  vote  of  certain  officers  cast  at,  when,  to  and  by  whom  made 534 

ELECTIONS,   MUNICIPAL  : 

manner    of    conducting    200-202 

ELECTIONS,    PRIMARY: 

general    law    560-99 

ELECTIONS,    SPECIAL: 

registration  board,  meetings,  ate.,  in  cities  and  townships 60,  67 

in  what  cases  may,  be  held 95 

when,  not  to  be  held 97 

when,  to  be  ordered  by  board  of  supervisors 98 

how   conducted 99 

relative  to  vacancies,  when  secretary  of  state  to  notify  sheriffs 106 

duties  of  board  of  supervisors  and  county  clerk  as  to 

canvass   of  votes   on   constitutional   amendments   at 164 

date   of    164 

in  fourth  class  cities,  how  called  and  by  whom,  etc 478-9 

to  incorporate  as  city  of  fourth  class 493 

ELECTIONS,    TOWNSHIP  : 

manner    of    conducting     200-202 

ELECTIONS,    VILLAGE: 

duty  of  inspectors  at  first,  as  to  registration 77 

township  clerk  to  furnish  list  of  electors  at  first 77 

council   to  determine  result  of •. 513 

ELECTION   SEAL  : 

who   to   have  charge   of,   etc 146 

ELECTIVE   FRANCHISE: 

guard   against   abuse  of    36 

ELECTIVE    OFFICERS: 

resignations  of,  how  and  to  whom  made 399 

ELECTORS : 

qualifications   of    

privilege  of,  from  arrest    

registration  of,  act  relative  to 56-85 

challenge  of  vote  by   

actual  residence  of,  in  township,   etc.,   condition  of  registration 

ma     demand  certified   copy  of  register  of  electors 

pe^u  ,ty  for  fraudulent  registration  by 

number  of,  to  be  recorded  by  secretary  of  state 

re-registration    of,    in    Wayne    county 85 

proceedings  when,  are  challenged,  oaths,  etc 133-4 

manner  of  voting  by,  strai'ght  and  split  tickets,  folding  of  ballot,   etc 135 

voting  by,  incapable  of  marking  ballot 

proceedings,  if,   vote  for  more  than  one  person 143 

spoiled   ballot    143 

limit   of   time,    may    remain   in   booth 

candidate  not  to  furnish  entertainment,   etc.,  to 

penalty    for   obstructing,    etc 153 

duty  of  inspectors   when,   are  challenged 204-5 

to  vote   in  districts  in   which  they  reside 

registration  of,   in  districts    " 

district    register    of,    where    deposited 

time  of  district  meeting  of,  to  transact  business  and  canvass  votes 

registration    of,    in    villages 245 

bribery   of,   penalty   for   attempt 

not  qualified  to  vote,  penalty  for  illegal  voting 

penalty  for  offering  position,  etc.,  to,  for  vote 346-48 

penalty  for  threatening  to  discharge,   to  influence  vote 

at  primaries,   challenge   of  vote,   when   received,   etc 

qualifications   of,    to   vote   at   primary   election 

in   fourth   class   cities,   registration   for  first  election,   etc 

who  deemed  to  be,  residence,  etc 450 

registration  of,  in  cities  of  fourth  class,  board,  notices,  etc 452- < 

ELIGIBILITY  : 

of   gate   keepers    

to  vote  at  city  primaries 


INDEX.  237 


ELIGIBILITY—  Continued: 

to   office   in   townships  ...................  .  ......................... 

to  office  of  county  drain  commissioner.  .  007 

EMBEZZLER  : 

not  eligible  to  any  office  .....  in 

EMPLOYE?  ............ 

state,  not  deemed  to  have  lost  residence  ...................  35 

threatening  to  discharge,   to  influence  vote,   penalty  ....................  '.'.'.'.'.  351 

" 


promise   of.    for  vote,   bribery  ................  OAC 

ENTERTAINMENT  : 

candidate  for  election  not  to  furnish,   etc..  1^0 

ERASING  OF  NAMES: 

on  ballots    ...............................  1  or 

ERRORS  : 

in  proof  ballot,  by  whom  corrected  ........................................  121 

proceedings  for  correction  of,  etc.,  in  canvass,  etc.,  made  by  inspectors..' 

EXPENSES  : 

of  board   of   registration   in   cities,  how  paid,   etc  .......................  *       57 

election,    legitimate    ................................................  ......  347 

etc.,  for  refreshments  to  corrupt  voter,  unlawful  for  candidate  to  pay  .......  '.  349 

F. 
FEES: 

of  clerk  for  making  copy  of  register  of  electors..  74 

FELONY  : 

violation  of  general  election  law  a  ..............  153 

FEMALE  : 

when,  may  hold  office  of  school  inspector  .........................  334 

FENCE  : 

or  railing  to  be  erected  in  voting  room,  who  to  provide  and  erect..  130 

FINE  : 

for  betting  on   elections    ......................................  ...........  343 

for  damaging  or  obstructing  use  of  voting  machines  ....................  525 

FIRST   TOWNSHIP   MEETING: 

in   new  township,   inspectors,   etc  .............................  335 

FOLDING    OF   BALLOT: 

manner    of     ............................................  .    135,  296 

FOREIGN   LANGUAGE: 

when   instructions   to  voters   printed   in  ....................................  140 

FOURTH   CLASS  CITIES    (see  Cities  of  The  Fourth  Class). 
FRAUD  : 

petition  of  candidate  for  correction  of,  in  canvass  ..........................  218 

proceedings  for  correction  of,  etc.,   in  canvass,  etc.,  made  by  inspectors  ......  225 

G. 

GATES,  ENTRANCE  AND  EXIT: 

to  be  erected  in  fence,  etc.,  in  voting  room,  keepers  of,  how  appointed,  duties, 

etc  ...........................................................  130 

GATE  KEEPERS  : 

in   voting   room,   how   appointed,   duties,    oath,    etc  ..........................  130 

of   elections,    powers,    duties,    eligibility,    etc.,    of  ............................  148 

may  be  dispensed  with  in  election  districts  using  voting  machines  ............  533 

GOVERNOR  : 

eligibility  to   office  of    ...................................................  15 

in  case  of  tie  vote  for,  legislature  to  choose  ................................  10 

to  fill  vacancy  in  office  of  regent  of  the  university  ..........................  47 

to  certify  names  of  presidential  electors  to  secretary  of  state  of  U.  S  .........  193 

county   clerk   to  send   copy   of  county   canvass   to  ...........................  214 

to  fill   vacancy  in  office  of  circuit  court  commissioner  .......................  392 

resignation    of,    to    whom    tendered  ........................................  399 

to  fill  vacancy  caused  by  resignation  of  appointive  officer  ...................  399 

may   remove   officers   for  certain   reasons  ...................................  405 

when,  may  remove  certain  officers  collecting  public  moneys  ..................  407 

power  of,  to  fill  vacancy  in  certain  state  offices  ............................  411 

vacancy  in  office  of  justice  of  supreme  court,   filled  by  ......................  428 

to  certify  election  of  U.  S.  senator  to  president  of  U.  S.  senate  ..............  435 

relative   to   nomination   of,    by    primary   election  ............................       560-99 

I. 

IDENTIFICATION  : 

of  ballot  of  unqualified  elector  .....................................  204-5 

ILLEGAL    VOTING: 

penalty    for    ............................................................      71,  338 

INFLUENCING    OF   VOTER: 

unlawful,   at   polling  place  .................................................  142 

at   city   primaries    .......................................................  ur.<> 

penalty    for   attempted    ..................................................  337 

INITIALS  : 

inspector  to  mark,  on  lower  left  hand  corner  of  ballot  ......................  131 

ballot  to  be  folded  so  as  to  show,  of  inspector  .............................  13.r> 

ballots   not   having,   declared   void  .........................................  145 

INSPECTION  : 

of  proof  ballot  by  election  commissioners,  errors  corrected  ..................  121 

when  proof  copy  of  ballots  .  open  for  ....................................... 

proviso  as  to,  of  ballot  in  contested  elections  ..............................  206 


238  INDEX. 


INSPECTORS    OP    ELECTIONS:  Sections 

in  cities,  duty  as  to  filing  list  of  electors  with  county  clerk 61 

when   city   clerk   to   deliver   register  to 63 

how  may  register  names   on  election  day 69 

when  township   clerk  to  deliver  register  of  electors  to 69 

duty  of,  on  challenge  of  vote 70,  133-4,  204 

penalty   for,    receiving   unlawful    vote 

at   first    village    election,    duty    of 

in  new  townships  to  constitute  board  of  registration 86 

duty  of,  as  to  notification  of  election 110 

candidate   for   office   not   to   act   as Ill 

when  chosen  viva  voce   

who  to  constitute,   oath,  etc 111-1]  3 

to  cause  proclamation  to  be  made  on  opening  and  closing  of  polls 115,  294 

noon  adjournment  in  townships,  duty  of,  as  to 

when  to  designate  one  of  own  number  chairman 

when  fully  organized,  may  open  package  containing  ballots 

to  give  receipt  on  delivery  of  ballots,  etc % 

duty  of   chairman   of,   to  procure  ballots,   etc 128 

when   none   of   board   of,    appear   at    county   clerk's   office,    ballots    may  be  dis- 
patched by   special  messenger 

at  opening  of  polls,  to  appoint  gate  keepers 130 

delivering  ballots  to  have  at  all  times  in  hand  twenty-five  signed  ballots 

one,  designated  to  mark  initials  in  ink  on  ballot 

package  containing  official  ballots  to  be  opened  in  presence  of 

number  of  ballots  delivered  to,  at  opening  of  the  polls 

to  protect   challenger   in  discharge  of  duty 

one  of,   to  deliver  ballot  to  voter 

initials  of,  to  show  when  ballot   is  folded 

duty  of,  on  receiving  marked  ballot,  tear  off  corner,  etc 

key,  seal,  etc.,  to  be  delivered  to  members  of 

returning  and  opening  of  ballot  box 138 

distribution   of  ballots  by    

duties  of,  and  challengers  as  to  assisting  certain  voters 141,  519 

unlawful    to    influence    voter    

duty  as  to  unused  and  spoiled  ballots 

board  of,  duty,  etc.,  as  to  canvass  of  votes 

chairman  of,  to  have  charge  of  keys  of  ballot  box 

canvass  of  votes,  duty,  as  to  statement,  etc 

not  to  hold  election  ,in  saloons,  etc.,  changing  of  polls 

penalty  for  use  of  liquors,  or  intoxication  of,  at  polls 

regulations  as  to  time  voter  may  remain  in  booth 

duty  of,  as  to  canvassing,  etc.,  of  votes  on  constitutional  amendments 

to  place  number  before  name  of  each  voter 

appointment  and  election  of,  in  townships  having  more  than  two  districts.... 

who  to  constitute  board  of,  in  different  election  districts '. 

duties,    powers  '  and   compensation   of    

duties  of.  as  to  canvassing  votes  in  districts 

duties  of,  as  to  consolidation  of  reports  from  district  meetings 

in  villages,   who  to  be,   compensation,   etc 243,  507 

duties  of,  as  to  conducting  elections  in  village  districts 

at  primaries  in  cities,  who  to  compose,  vacancy,   etc 

duty   as   to   challenged   voters 

duty   as   to  registering  voter 

duty  as  to  election  of  delegates  to  convention  in  case  of  tie 

when  majority  of,  may  adjourn  township  meeting,  proclamation  and  notice,  etc.  278,  279 

at  annual  township  meetings,  same  as  at  general  elections 

in  absence  of  town  clerk,  to  appoint  clerk  of  meeting,  oath,  etc : 

authority  to  preserve  order,  etc 

to  make  certified  statement  of  canvass 304,  305 

to  determine  choice  by  lot  when  candidates  receive  equal  number  of  votes. . . . 

of  first  township  meeting,  duty,   etc 335 

duty  as  to  offenses  against  elections 

at  primaries,   certain   acts   of,   a   misdemeanor 358 

duty  of,  as  to  election,  canvass,  etc.,  of  circuit  judges 

regents  of  university,   duty  as  to  election  of 

duty  as  to  election  of  supreme  court  justices,   canvass,  etc 

in  cities  of  the  fourth  class,  who  to  appoint,  meeting  for  registration 

to  constitute  board   of  registration 

duties   at   first   election    

notices  of  special  election  delivered  to 

proclamation  of  opening  and  closing  of  polls * 

who   to    constitute,    etc 483 

chairman  and  clerk,  etc 484-5 

in  villages,  first  election,  how  appointed,   etc 

to  give  notice   of  first  election  in 496 

to  cause  proclamation  made  at  polls  at  election  in 

duty  of,  at  elections  in,  canvass  of  votes,  etc 

duties  of,   as  to  instructions  to  voters  and  time  voters  may  remain   in  booth. 

to    ascertain    and    publicly    proclaim    vote    before    adjourning 

rules  etc.,   governing  conduct  of,   etc.,   where  voting  machines  are  used 

statements  relative  to  proposed  amendments,  etc.,  posted  by,  in  polling  places. 

copy    of    order,    for    local    option    election,    to    be    sent    to 546 

INSPECTORS    OF    PRIMARIES  : 

in    cities,    election  ^  of,    vacancy,    etc 252 


INDEX.  239 


INSTRUCTION    BALLOT:  Sections 

printed    on    red    etc.,    papers,    who   may   procure   for   circulation 126 

INSTRUCTIONS  : 

to    voters,     form    of    ballot 124 

printed,    who    to    furnish,    where    hung,    etc 140 

in   foreign   language 140 

for  voters   information,   when,   by   whom   and  to   whom  delivered 520 

for  voters  as  to  voting  machines  to  be  placed  in  booths,  when  and  by  whom.  521,531 

INTERPRETER : 

board    of     registration     may     employ 58,  67 

JUDGE : 

duty    of,     in    case    of    contested    elections 208 

JUDGE    OF    PROBATE : 

when  elected    30 

an  Election   commissioner,   chairman    119 

statement  of  election  sent  by  mail  in  care  of 147 

when   member  of  board   of  district  canvassers 166 

petition  by  candidate  intending  to  contest  election  made  to 226 

duty  of,  relative  to  contest  of  election 228 

term   of   office,    when   elected 374 

may  appoint  person  to  fill  office  of  register  of  deeds  in  case  of  vacancy,  etc 380 

when   may   approve  county   officers'   bonds 398 

JUDICIAL   CIRCUITS  : 

circuit  judges,  election  of,   canvass  of  votes,  etc 413-20 

JUSTICES   OF   SUPREME   COURT: 

number  of  and  term  of  office 21 

when  elected,  vacancy,  term,  canvass  of  votes,  etc 425-32 

JUSTICES    OF   THE   PEACE  : 

election  of,  term  of  office,  vacancy,  classification,  etc 28,  269,  272 

may  be  appointed  to  fill  vacancy  in  registration  board 57 

when  to   constitute  member  of  board  of  registration 64 

to  act  as  inspectors  of  election Ill 

bond    and   oath   of    272 

designation  of  persons  to  fill  vacancy  of,  on  ballot 297 

when,  to  enter  upon  their  duties 309 

when  office  of,  deemed  vacated 310 

classification  of,   in  new  townships,   manner  of  deciding 311,  312 

in  case  of  election  to  fill  vacancies,  manner  of  deciding 315 

resignation   of,   how  made,   where   filed , 318 

town  clerk  to  give  notice  to  county  clerk,  of  election  of,  term  of  office,  etc. . .  324 

duty   as  to  offenses   against   elections 341 

supervisor  to  notify  county  clerk  of  vacancy  in  office  of 401 

removal  of,  for  certain  reasons,  by  whom 405 

two.  to  be  elected  at  first  election  in  cities  of  fourth  class 462 

when,  ift   cities  of  fourth  class  to  enter  upon  duties 465 

in  cities  of  fourth  class,  when  and  how  to  take  oath  of  office  and  file  bond...   467,468 

K. 
KEY: 

to   ballot   box,   who  to  provide,   etc 116,  117 

of  ballot  box,  to  whom  delivered 137-8,  146 

L. 

LEGISLATURE  : 

when   may   rearrange   senate   districts   and   apportion   representatives 

election  of  members  of,  when  held 

in  case  of  tie  or  contested  vote,  duty  of 

term  of  office  of  members  of,  when  to  begin 

list  of  members  of.  to  be  forwarded  to  secretary  of  state 

penalty  for  attempt  to  corrupt  vote  of  member  of,  for  U.  S.  senator 

resignations  from,  how  and  to  whom  made 

T".   S.   senator,  when  and  how  elected  by 433-5 

apportionment   of    representatives   in 538 

apportionment   of  senators   in    539 

LIEUTENANT    GOVERNOR : 

in  case  of  tie  vote  for,  legislature  to  choose 

resignation   of.   to   whom   tendered ^ 399 

relative  to  nomination  of.   by  primary  election 560-99 

LIQUORS  : 

boards  of  registration  not  to  meet  where,   are  sold 

penalty   for  violation    

not  to  be  taken  into,  or  used  in  polling  place,  penalty,  etc •JTC 

penalty  for  sale  of,  on  election  day,  or  after  polls  close .         do4-5 

places  where,  sold,  etc.,  to  be  closed  on  election  days 

prohibition  of   sale   of,    in   counties 541-5o9 

T  m  T  s  ' 

of  names  for  registration,  duties  of  registration  board 5^'co 

of   registration   in   cities,   board   to   sign   and    file 

of   presidential    electors,    when   and   to    whom    certified 

of  persons  voting  at  town  meeting,  to  be  kept  by  clerk 


240  INDEX. 


LOCAL   OPTION:  Sections 

law   governing,    elections    541-559 

LOCKS : 

care  of  key.  etc 137,  138 

on  ballot  boxes,  penalty  for  breaking,  etc *. 340 

LOT: 

drawing  by,  to  determine  election  of  county  officers,  etc 213 

in  case  of  tie,  village  council  to  determine  by 514 

If. 

MANNER  OF  VOTING: 

marking  and   folding  of  ballots 135 

MARKING  OP  BALLOTS  : 

sections  relative  to    135 

MEETINGS  : 

of  board  of  registration  in  cities  and  townships 60,  67 

time  and  place  of,  of  board  of  district  canvassers 168 

of   board    of   county    canvassers 211 

for  registration  of  electors,   how  often  held 238 

district,  of  electors  to  transact  business  and  canvass  votes,  time  of 240 

MESSENGER : 

when  special,  may  be  dispatched  with  ballots  to  voting  precinct . ...  129 

to  file  receipt  and  affidavit  after  delivery  of  ballots 129 

secretary  of  state  may  send  special,  for  statement  of  votes 176 

MILITARY   DUTY: 

elector  exempt  from,  on  day  of  election 34 

MISDEMEANOR : 

violation   of  registration   laws  deemed   a 80 

bringing  liquors,  etc..   in  polling  place  a 150 

attempt  to  identify  ballot  of  elector  deemed  a 205 

when  clerk  of  county  canvassers  guilty  of 216 

to  solicit  money,  or  influence  voter  at  city  primaries 258-9 

for  delegate  to  convention  to  solicit  candidate 261 

who  deemed  guilty  of,  as  to  offenses  against  primaries 356 

when  candidate  or  delegate  guilty  of  a 366-8 

disturbance   at    election,    etc.,    a 369 

persons  damaging  or  obstructing  use  of  voting  machines  deemed  guilty  of. ...  525 

MODERATOR : 

at   township   meeting,   powers   and   duties . , 328-32 

duty  of,   when  voter  challenged 333 

MONEY : 

offering  or  soliciting  at  city  primaries  a  misdemeanor 258-9 

soliciting  of.  by  delegate  to  convention,  unlawful 261 

penalty  for  betting,  $100  more  or  less  upon  election 344-5 

refraining  to   vote  for,   or   receiving,   penalty.  . 346-48 

delegate   at    primary   accepting,   guilty   of   misdemeanor 359 

penalty  for  soliciting  or  offering,  at  political  conventions r.  .  366-8 

when  certain  officers  collecting  public,  may  be  removed  by  governor 407 

penalty   for   not   turning   over,   books,   etc.,   by   officers   resigning,    etc.,    in   cities 

of   fourth    class    476 

MUNICIPAL   ELECTIONS  : 

manner   of   conducting    200-202 

N. 

NAMES  : 

registering  of,   on  election  day 63,  69 

registration  of,  of  electors  in  cities  and  townships 60,  67 

not  entitled  to  registration  in  townships.  .  , 68 

of  electors  dead  or  removed,  how  marked  on  register 73 

order  of  placement  of,  on  ballot  for  November  and  April  elections 124 

of  candidates,  when  and  by  whom  furnished  commissioners 202 

of  electors  transcribed  from  township  to  district  register 238 

and  addresses  of  persons  elected  or  appointed,  returned  to  county  clerk 

of  nominees  to  be  placed,  etc.,  in  connection  with  voting  machines,  by  whom..  520 

NATURALIZATION  : 

of  aliens   (see  Appendix). 

NEW  TOWNSHIP: 

first  election  in,  place  of  meeting,  etc 335 

NEWSPAPERS : 

notice  of  meeting  of  board  of  registration  to  be  published  in 61 

determination  of  district  canvassers  to  be  published 171 

secretary  of  state  to  publish  certificate  of  election  in 187 

county  canvassers  to  publish  result  of  in 

statements  relative  to  proposed  amendments,  etc.,  when  published  in 536 

NOMINATION  : 

political,  act  to  prevent  betting  upon  result  of,  penalty,  etc 344,  345 

of  candidates  for  local  offices,  caucuses,  when  to  begin,  etc 364 

NOMINATION   OF  PARTY   CANDIDATES: 

act   relative   to   direct 560-99 

NOMINEE : 

of  two  parties,  to  give  notice  specifying  choice,  how  given 

for  ward  office,  how  elected,  etc.,  at  primaries 263 

names  of,  to  be  arranged,  etc.,  in  connection  with  voting  machines,  by  whom..  520 


INDEX.  241 


NOON  ADJOURNMENT:  Sections 

of  the  polls,   in  townships 115 

in  townships,  certain  section  not  to  apply  to   .  154 

NOTICE  : 

board   of   registration   to  give 57 

boards  of  registration  in  cities  to  give,   of  meeting,  etc 60 

what  to   contain,   how  given,   etc 61 

of  registration   in  villages 77 

of  meeting  of  board  of  registration  in  new  townships 91 

of  election  to  fill  vacancy  in  certain  offices,  when  and  by  whom  given 103 

when  secretary  of  state  to  give,  relative  to  general  election 104,  105 

from  sheriff  relative  to  elections,  what  to  contain 108 

of  holding  election,  when  given,  what  to  contain 109-10 

by  nominee  of  two  parties,  to  specify  choice,   how  given 120 

of  changing  of  polling  place,  how  and  by  whom  given 149 

of  vacancy  in  office  of  congressman,  to  whom  given,  etc 190 

to  candidates   of  recount 219 

candidate  filing  petition  for  recount  of  ballots  to  give  opposing  candidate 225 

of  division  of  townships  into  election  districts,  what  to  contain,  when  posted.  233 

of  changing  election  districts,  what  to  contain,  when  posted 234 

when,  of  first  election  in  election  district  be  given 234 

of   meeting   for   registration   of   electors 238 

of  division  of  village  into  districts,  when  posted,  etc.,  what  to  contain 241 

of  first  election  and  first  appointment  in  village  districts,  when  given 243 

of  time  for  holding  primaries  in  cities,  by  whom  given 249 

of  special  township  meeting,  when  town  clerk  to  give 288 

as  to  classification  of  justices   in  new  townships,   when  and  by  whom  served, 

what  to  state    311 

of  first  township  meeting,  how  given,  etc 335 

of  holding  caucuses,  how  given,   etc 364 

of  vacancies  in  certain  state  and  county  offices,  when  given 402,  412 

of  election  for  circuit  judge 416 

of  first  election  and  registration  in  fourth  class  cities,  when  and  by  whom  given  443 

of  registration  in  new  wards  in  fourth  class  cities 454 

of  special  election  in  fourth  class  cities,  by  whom  given,  contents,  etc 479 

of  registration  for  first  election  in  incorporated  village 495 

of  first  election  in  village,   how  given 496 

of  meeting  of  village  board  of  registration,  when  given 498 

of  village  election,  annual  or  special,  by  who  and  when  given 508 

NOTIFICATION   OF   ELECTIONS: 

when  secretary  of  state  to  give,  relative  to  filling  vacancy  in  certain  offices...  103 

of  state  officers,  etc.,  when  and  by  whom  given 104,  105 

relative  to  vacancies,  when  and  by  whom  given,  what  to  state 106 

to   fill   vacancies,   what   to   specify 107 

county  clerk  to  give    172 

secretary  of  state  to  make  and  deliver  to  persons 181-183 

NUMBER : 

on   ballot,   on   upper   right   hand   corner 

of  ballot  voted  to  correspond  to  same  on  poll  list 

inspectors  to  place,  before  name  of  each  voter 203 

O. 

OATH: 

constitutional,  form  of    50 

registration  board  may  require  applicant  to  take 

of  elector  registering  on   election  day,   by  whom  given,   etc 

of  members   of  board   of   registration 83 

of  inspectors  and   clerks  of  election 113,  195,  236 

of  gate  keepers  at  election 130 

tendered   to   challenged  voter 133,  253-4 

of  justice  of  the  peace,   when  taken 272 

taken  by  township  officers,  with  whom  filed,  by  whom  certified,  etc 307 

of  office  by  certain  county  officers,  when  subscribed,  with  whom  filed 

of  office  of   circuit   court   commissioner 

county  commissioner  of  schools  to  file,  with  county  clerk 

OFFENSES : 

against  registration  laws,  jurisdiction  of  courts  in <9 

against    election    laws,    penalties,    etc 336-42 

OFFICE  : 

embezzlers,   etc.,   not  eligible  to   any 

when  notice  of  election  to  fill  vacancy  in  certain,  be  given 

name  of,  order  of  placement  on  ballot  for  November  and  April  election 

candidate  for  public,  not  to  provide  refreshment,  etc 

drunkenness  may  cause  removal  from 

OFFICERS  : 

to  be  elected  at  general   election 

county,  special   elections  of,  by  whom  ordered 

term  of  office  of  elective 

primaries  in   cities   for   choosing 247 

elected  at  town  meetings,  at  one  o'clock,  viva  voce  vote,  etc 

at  elections,   penalty   for  neglect   to  perform  duties,   etc 

penalty  for  betting  on  result  of  election  of 

when  certain  county,  to  give  bonds,  with  whom  deposited 

31 


242  INDEX. 


OMISSION  :  Sections 

of  name  from   ballot,   posters   to  be   furnished  ..............................  125 

OPENING  : 

of  ballot   box   when   seal   broken,    etc  ......................................  137-8 

and  closing  of  polls  in  cities  and  townships  ................................  154 

and  closing  of  polls  in  cities  of  fourth  class  ................................  482 

ORDER  : 

for  special  township  meeting,  what  to  specify,  where  filed  ...................  287-8 

authority    to    preserve,    at    elections  ........................................  299 

for  local  option  election,  what  to  recite  ....................................  546 

OVERSEER   OF  HIGHWAYS: 

*   election  of,   term   of  office,   number  of  ......................................  46 

how  chosen,  who  qualified  to  vote  for,  term  of  office  .........................  271,  275 

when,  elected,  at  township  meeting  to  file  notice  of  acceptance  ................  308 

penalty  for  refusing  to  serve  as.  when  exempted  from  penaltv  ................  316 

providing  for  election  of,  by  ballot  in  U.  P  .................................  439-41 

P. 
PACKAGE  : 

containing  ballots,  how  wrapped,  tied,  sealed  and  delivered,  etc  ............... 

containing  official  ballots,   when  and  how  opened  ...........................    128,  131 

PAMPHLETS  : 

number   of,    showing   result   of   votes  at    April    election,   by   whom   printed   and 

mailed    .........................................................  535 

PARTY   ENROLLMENT: 

chapter   in   primary    law    relative  to  ..........................  .............       564-70 

PARTY   ORGANIZATION: 

committee  of,  may  direct  holding  of  primaries  in  cities  by  voting  precincts  .... 
PARTY   PRIMARY: 

ward    or    precinct    failing   to    hold,    at    designated    time    not    to    be    represented 
at    election,    etc  .................................................. 

clerk  to  be  notified  of  time  of  holding  .....................................  256 

PARTY    REGISTRATION: 

in   wards,    at   primaries   in   cities  ..........................................  202 

PARTY   TICKET: 

place  of,  on  ballot,   how  governed  ........  .  ................................ 

how  marked,   folded,   straight   ticket,   etc  ...................................  135 

PASTERS: 

furnished   when   name   omitted   from  ballot  ......  *  ..........................  125 

PATH   MASTER    (see  Overseer   of   Highways). 
PENALTY  : 

for  making  false  statement  for  registration  ................................        ^  58-£ 

for   fraudulent    registration    ............................................  66-9,  78 

for    illegal    voting    ......................................................      71,  3c 

for  false  entry  on  register  of  electors  ...................................... 

for   mutilating   register,    or   forging   name  .................................. 

registration  boards  not  to  meet  where  liquors  are  sold,  for  violation  .......... 

of   challenged   elector   swearing  falsely  ..................................... 

for  bringing  liquors  into  or  using,  in  polling  place  .......................... 

for  violation  of  provisions  of  general  election  law  .......................... 

for  exposing  or  identifying  ballot  of  elector  .......  .  ......................... 

for  violation  of  act  by  board  of  county  canvassers  ..........................       216-17 

for  violation   of  city  primary  act  .........................................         267-8 

for  certain  township  officers  neglecting  to  qualify  or  refusing  to  serve  ........ 

for  disorderly  conduct   at   township  meetings  ...............................       328-32 

for  wilful  neglect  of  duty  under  election  laws  .............................. 

for  attejnpt  to   bribe  elector  .............................................. 

for  aiding,  procuring,  etc.,  unqualified  voter  .............................  ,  .  .  . 

for   violation   of   ballot   box  ............................................... 

for  betting,  etc.,  on  elections  ............................................. 

for  offering  position,  or  corrupting  voters,  etc  ..............................       34  6-oO 

for  sale,  etc.,  of  liquors  on  election  day  ....................................   oo4,  370 

for  violation  of  act  for  protection  of  primaries  ............................. 

for  violation   of  act,   relative  to  political   delegations  ........................         36£ 

for  causing  disturbance  at  election,  etc  .................................... 

for  damaging  or  obstructing  use  of  voting  machines  .....  .  ................... 


to   be    furnished    each   voting   precinct  .....................................  127-8,  131 

PERFORATED   CORNER  : 

of   ballot,    where   numbered,    etc  ............................................ 

when  torn   off,   initials  not   to  be  placed   on  ................................    131,  13o 

PETITION  : 

in  case  of  contested  election,  what  to  state,  etc  ............................ 

of  aggrieved  candidate,   when  and  where  filed  .............................. 

what   to   set   forth    ..................................................  £g 

for  corrections  of  canvass,  etc.,  when  and  to  whom  made,  etc.,  what  contain.  .    J2o,  £'2i 

to  incorporate  as  city  of  fourth  class  ...................................... 

to  submit  question,  of  prohibiting  liquor  traffic,  to  electors.  .  .  .  .  .  ............ 

duty  of  county  clerks,  when  presented  with  ............................ 

POLITICAL   COMMITTEES: 

in  townships,  cities  and  villages,  duties  of  ................................. 

not    required    to    furnish   vignette  .......................................... 

when   to   furnish   names   of   candidates  ..................................... 

time  of  holding  primaries  in  cities  determined  by  ........................... 

POLITICAL  CONVENTIONS    (see   Conventions). 


INDEX.  243 


POLITICAL   PARTIES:  Sections 

state  committee  of,  to  prepare  and  adopt  vignette,  specifications  for 121 

place  of  candidates  of,  on  ticket 124 

primaries  in   cities   for  choosing  candidates  of,   how  construed 247 

where  and   when   held 248 

not  to  hold  primaries  in  cities  on  same  day 256 

act  to  protect  primary  elections  of,  and  punish  offenses 356-64 

POLL  BOOK: 

notations  to  be  made  in,  as  to  assisting  certain  voters,  what  to  state 519 

POLL   LISTS: 

right  of   challenger  to   inspect 

clerks   to    compare    

to  be  placed  and  locked  in  ballot  box 137 

to  be  compared  before  canvass  is  made 

where  delivered  and  filed    

inspectors  to  number  name  of  each  voter  on 203 

when   may   be  produced   in   court 

for    each    district,    where    deposited 

etc.,  used  at  election  in  village  districts,  when  and  where  deposited 

ballots  to   be   counted   and   compared   with 303 

notations  made  in.  as  to  assisting  certain  voters,  what  to  state 519 

at   local  option  election,   duty  of  inspectors  relative  to 549 

cony  of,  made  by  town,  citv  and  county  clerks,  compensation  for 557 

POLLING   PLACE  :    ' 

instructions  to  voters  hung  in 

unlawful  to  have,  in  saloon  or  bar  room,  changing  of 

time  of  meeting  of  electors  at,  of  district  to  transact  business,  etc 

at  primary  elections,   how  may  be  arranged 

statements  relative  to  proposed  amendments,   etc.,  to  be  posted  in,  by  whom .  .  536 

POLLS : 

opening  and  closing  of,  proclamation,  etc 115,  294 

noon    adjournment,    in    townships 

examination  of  ballot  box  before  opening  of 

canvass  of  votes  immediately  after  closing  of 

opening  and   closing  of,   in  townships  and  cities 154 

unlawful  to  sell  liquor  on  election  day  after,  close 

in  cities  of  fourth  class,  opening  and  closing,  proclamation,  etc 

opening  and  closing  of,  at  village  elections 496,  510 

instructions    for   voters    as    to   voting   machines    to   be    placed    in    booth   before 

opening   of 523 

POSTED : 

notices  of  meeting  of  registration  board  in  cities  to  be 6 0,  61 

notice  of  changing  of  polling  place  to  be   

notices  relative  to  division  of  townships  into  districts  to  be 

notices  relative  to  division  of  village  into  districts,  when  and  where 241 

notice  of  township  meeting  in  new  township 33o 

POUND  MASTERS  : 

how  and  when  elected,  number  of,  term  of  office -'!•  £•? 

when,   elected   at  township  meeting  to  file  notice  of  acceptance 

penalty  for  refusing  to  serve  as,  when  exempted  from,  penalty 

PRECINCTS : 

voting,  when  may  be  divided,  proceedings,  how  governed 

in  cities,  councij  to  provide  by  ordinance 

chairman  in  each  voting,  to  procure  ballots,  etc..  from  county  clerk 

inspectors    of,    number    "one,"    duties    of    as    to    consolidation    of    reports    from 

districts    240 

when   village   may   be   divided    into 

ballot  box.  when  provided  for  in,  using  voting  machine 

PRESIDENTIAL  ELECTORS  : 

election    of,    when   held 101,  191 

statement   of  votes   for,   by   county  canvassers 

when   state  board   to  canvass  votes  for l°~ 

number  of,   state  entitled  to |j" 

vacancy  in  office  of,  how  filled **** 

when  and   where  to  convene 

list  of,  to  be  certified  by  governor  to  secretary  of  state  of  the  U.  S so-f  o 

how  arranged  on   voting  machine,   etc 527-» 

PRIMARIES  : 

in  cities  of  over  15,000  and  under  150,000,  act  relative  to 247-68 

word,    how   construed,    etc 247,  360 

where  held,   etc 

time  of  holding,  by  whom  determined,  notices,  etc 

booths,  who  to  provide   

time   of   holding    

who  to  preside  at,  inspectors,  who  may  vote  at,  etc 2o2-4 

no  two  parties  to  hold,  on  same  day,  duty  of  chairman 

council  may  cause  political  parties  to  hold,  at  certain  time .JsPI 

misdemeanor  to  solicit  money,  influence  voter,  hire  carriage,  etc 2o8 

proxies  not  to  be  given  by  delegates,   how  elected 260,  263 

262 
264 
265-8 
356 
357 
358 


registration    of    voters 

how  cities  of  less  than  15,000  may  conduct 

acts  to  remain  in  force,  penalties  for  violation  of  acts. 


ballots  at,  destroying,  etc.,  of,  misdemeanor 
oath  of  inspectors,  challenge  of  voters,  etc.  . 
certain  acts  of  inspectors  at,  a  misdemeanor. 


32 


244  INDEX. 


PRIMARIES— Continued:  Sections 

delegates,   certain   acts  a  misdemeanor 359 

who   may   vote   at   any , 361 

not  to  be  held  in  saloons,  etc.,  polling  places / 363 

when  to  begin,  notice,  etc.,  manner  of  voting,  etc 364 

PRIMARY  ELECTIONS  : 

act  to  protect  and  punish  offenses  committed  at 356-64 

PRIMARY  ELECTION  LAW: 

for    nomination    of    candidates,    etc 560-99 

PRINTED    INSTRUCTIONS  : 

to  voters,  who  to  furnish,  languages,  etc 140 

PRINTER : 

unlawful  for,  to  print  ballot  in  other  form,  etc.,  than  prescribed 126 

PROBATE  JUDGE   (see  Judge  of  Probate). 
PROCLAMATION  : 

to  be  made  on  opening  and  closing  of  polls 115,  294,  510 

of  changing  of  polling  place  to  be  given 

to  be  made  on  change  or  adjournment  of  township  meeting 

of  opening  and  closing  of  polls  in  fourth  class  cities 

PROHIBITION  : 

of  sale,  etc.,  of  liquors  in  counties 541-559 

PROOF  COPY: 

of  ballot  when  placed  on  inspection 

PROSECUTING   ATTORNEY: 

election   of,   term   of   office 

arrests  for  offenses  against  elections  reported  to 

commission  of.  appointed  by  governor  to  be  transmitted  to  county  clerk 

vacancy  in  office  of,  may  be  filled  by  circuit  judge 

and  county  clerk  may  appoint  to  fill  vacancies  in  certain  county  offices 

election  of  in  upper  peninsula,  when  held,  etc 

PROXY  r 

delegates   to   political   conventions,   not   to   give.... 260,365 

PUBLICATION  : 

of  certificate  of  election  by  secretary  of  state 

of  notices  relative  to  division  of  village  into  districts,  when  and  where 

of  statement  relative  to  proposed  amendments,  etc.,  how  and  by  whom  made.. 

QUALIFICATIONS  : 

of  electors    

of  electors  for  registration  in  new  townships 

issue  formed  to   determine,  of  elector 

of  voters  and  officers  in  townships 

penalty  for  swearing  falsely  as  to,  at  primaries 

to  vote  at  primary  election 

of  circuit   court  commissioner 

necessary  for  holding  office  of  county  commissioner  of  schools 

of  electors  at  first  election  in  incorporated  village 

for  office  

of  electors  at  local  option  election,  registration,  etc 

QUESTIONS  : 

ballot  on,  not  provided  for  by  voting  machine 

duty  of  secretary  of  state  as  to  publicity  of  proposed • 

QUORUM  : 

of  board  of  election  commissioners 

when  township  board  reduced  below,  or  disorganized,  etc 

R. 
RAILING  : 

or  fence  to  be  erected  in  voting  room,  who  to  provide  and  erect 

ballots  not  to  be  given  on  outside  of 

at  elections,  duty  of  gate  keepers  as  to  admitting  voters 

RECEIPT  : 

inspector  of  election  to  give,  on  delivery  of  ballots,  etc 

person  receiving  ballots  from  special  messenger  to  give,  where  filed 

for  unused  and  spoiled  ballots  to  be  given 

RECORD : 

of  votes  to  be  made  by  secretary  of  state 

boundaries,  etc.,  of  election  districts  to  be  entered  on,  of  township  board 

relative  to  division  of  village  into  districts,  what  to  contain,  where  filed 

abolishing  division  of  townships  into  districts,  action  entered  upon 

made  of  statement,  etc.,  relative  to  results,  etc.,  of  canvass 305 

RECOUNT : 

proceedings  by   county  canvassers  in   case  of ; 218-21 

proceedings   for  making,  of  ballots 225,  229 

petition  for,  of  ballots  by  candidate  contesting  election 

REGENTS   OF   THE   UNIVERSITY: 

number  of,  when  elected,  term  of  office,  vacancies,  etc 

election,  canvass  of  votes,  term,  etc 421-' 

REGISTER   OF   ELECTORS: 

who  to  provide,  how  arranged,  etc ob,  »4 

in  cities,  board  to  sign  and  file  with  city  clerk 

when  clerk  to  deliver,  to  election  inspectors 

names  not  to  be  entered  in '. 


INDEX.  I  245 

REGISTER  OF  ELECTORS— Continued:  Sections 

when  township  clerk  to  deliver,  to  election  inspectors 69 

deceased  and  removed  electors,  names,  how  marked  on 73 

elector  may   demand   certified  copy  of 74 

penalty  for  mutilating  or  forging  name  upon 75 

copies  of,  to  be  filed  with  county  clerk  and  township  treasurer 76 

how   made  up,   at   first   elections  in  villages 77 

district,   where  deposited    23V) 

etc.,  used  at  election  in  village  districts,  when  and  where  deposited 244 

first,  in   fourth  class  cities,   by  whom  made,  etc 444-5 

REGISTERED    MAIL: 

copy  of  statement  of  election  forwarded  by 147 

REGISTER   OF   DEEDS: 

election   of,   term   of  office 44 

when  offices  of,  and  clerk  may  be  united  or  disconnected 44 

term  of  office,  when  elected,  to  give  bond 379 

vacancy  in  office  of,  how  and  by  whom  supplied 380 

vacancy  in  office  of.  how  and  when  may  be  filled  temporarily 409 

REGISTRATION    (see   also   Board   of   Registration). 

act  relative  to,  of  electors  and  to  preserve  the  purity  of  elections 56-85 

in  cities,  how  made,  who  not  entitled  to,  etc 58-9 

of  names  on  election  day 63,  69 

in   township    in   1859 65,  60 

in  townships,  who  not  entitled  to,  penalty  for  fraudulent,  etc 

residence  of  elector  a  condition  of 72 

in    new   villages    77 

penalty  for   fraudulent    78 

jurisdiction  of  courts  for  offenses  against,   laws 79 

in  Wayne  county    85 

act  to  provide  for,  in  new  townships 86-91 

of  electors   in  districts    238 

of  electors  in  villages,  how  conducted 245 

in   city  primaries,  of  voter,   where  deposited,  etc 201' 

in  villages,  in  conformity  with  townships,  etc 499 

for  local  option  election,  how  conducted 548 

REGISTRATION  BOARD   (see  Board  of  Registration). 

REMOVAL : 

of   challenger    132 

of  certain  state  and  county  officers,  by  whom 403-8,  412 

REPRESENTATIVE   DISTRICTS  : 

cities  or  townships  not  to  be  divided  in  formation  of 

duties  of  board  of  supervisors  as  to  dividing  county  into 

when    legislature   may   rearrange 4 

statement  of  votes  in,   what  to  set  forth 158 

REPRESENTATIVE   IN   CONGRESS: 

statement  of  votes  for,  by  county  canvassers 157 

when   elected    190 

resignation  of.  notice  where  filed 190 

REPRESENTATIVES,  STATE  : 

qualifications   of    5 

election  of,   when   held    

statement  of  votes  for,  by  county  canvassers 157 

proceedings  in  case  of  tie  vote  for 

resignation  of,  how  and  to  whom  made 

apportionment  of 538 

RE-REGISTRATION  :  jj 

in  Wayne  county,   when  made,   etc 85 

in  cities  of  the  fourth  class 457 

RESIDENCE  : 

not  gained  or  lost  by  reason  of  employment  in  state  or  U.  S.  service 35 

of  elector  a  condition  of  registration 72 

of  electors  in  cities  of  fourth  class 450 

RESIGNATIONS  : 

of  township  officers,  how  made,  where  filed 318 

of  justice   of   the   peace 318 

how  and  to  whom  made,  vacancy  how  filled 399,  400 

RETURNS : 

blanks  for  making  election,  when,  by  and  to  whom  furnished 223,224 

proceedings  for  correction  of  frauds,  etc.,  in  made  by  inspectors 225 

of  names,  of  persons  elected  or  qualified,  to  county  clerk 323 

as   to   election   for   justice   supreme    court 431-2 

of  elections  in  U.  P.  when  made,  etc 437 

county  clerk  to  make,  of  vote  of  certain  officers  at  general  election,  when  and 

to    whom     534 

S. 

SAILORS   AND   MARINES : 

may  acquire  residence  at  Soldiers'  Home,  where  located 

when   deemed   non-resident    37 

SALOON : 

registration  boards  not  to  meet  in,  or  adjacent  to 92 

elections  not  to  be  held  in,  change  of  polling  place 149 

to  be  closed  on  election  day,  penalty 

primary  election  not  to  be  held  in 363 

to  be  closed  on  certain  days  and  hours 370 


246  INDEX. 


SCHOOL  INSPECTOR:  Sections 

election  of,  term  of  office,   vacancy,   etc 46,  269,  274 

designation  of  persons  to  fill  vacancy  of,   on  ballot 

when  female  may  hold  office  of 334 

SEAL: 

election,  who  to  furnish,  what  to  contain,  devise,   etc 116 

election  commissioners  to  provide  themselves  with 128 

on  package  of  official  ballots,  to  be  kept   intact 131 

election,   who  to   keep,   etc 137,  146 

on  ballot  boxes,  penalty  for  breaking,  etc 340 

SECRETARY   OF   STATE : 

to  keep   record   of   registered   electors 81 

when,  to  give  notice  of  election  to  fill  vacancy 103 

when,  to  give  notice  relative  to  election  of  state  officers,  etc 104,  105 

when,  to  notify  sheriffs  relative  to  special  elections  to  fill  vacancies 

impression  of  vignette,  etc.,  when  filed  in  office  of 122 

to  certify  to  submission  of   constitutional  amendment 123 

to    furnish   printed    instructions 140 

to  be  furnished  with  list  of  officers  elected 

to  be  furnished  copy,  determination  of  district  canvassers 172 

to  record   statement   of  votes 174-5 

to  appoint  meeting  of  state  board  of  canvassers .• 177 

to  make  record  of  state   canvass 181 

to    notify    persons    elected ' 181-183 

to  cause  amendments  to  constitution  published  with  laws 

shall   publish   determination   of  state  canvassers 

to  be  notified  of  resignation  or  death  of  congressman 190 

county  clerk  to  send  copy  of  county  canvass  to 

to  furnish  blanks  for  making  election  returns,  when  and  to  whom.  . 223 

when  county  clerk  to  transmit  to,   certified  list  of  certain  officers 376 

statement  to  be  made  to,  when  vacancies  in  office  occur 400 

vacancy   in   office   of,  how   filled 411 

one  of  state  canvassers,  certificate  filed  with,  etc 

duty  as  to  election  of  U.   S.  senator 435 

duties  of,  as  to  supplies,  etc.,  used  in  connection  writh  voting  machines 531 

returns  of  vote  of   certain   officers  at   general   election  made  to,   when   and   by 

whom     534 

number  of  pamphlets  printed  by,  showing  result  of  votes  at  April  election 535 

duties  of,   as  to   publicity   of  proposed  constitutional   amendments,   etc 536 

to  prepare  blank   statements,   poll  books,   for   local  option  election.... 558 

SENATORIAL   DISTRICTS: 

when  county  may  be  divided  into 

when  legislature  may  rearrange 

statement  of  votes  in,  what  to  set  forth 158 

SENATORS,  STATE: 

qualifications   of    • 5 

election  of,   when   held    

proceedings   in   case   of   tie   vote   for 

resignation  of,   how  and  to   whom  made 

apportionment   of    539 

SERVICE  OF   PROCESS: 

not  to  be  made  on  election  day 

SHERIFF  : 

election  of,  term  of  office,   security,   etc 44-o,  3i  < 

duty  of,  as  to  notification  of  election 108-9 

when  member  of  board  of  district  canvassers 

compensation   of,   for   election   services 

duty   as   to   offenses  against   elections 

vacancy  in  office  of,  how  and  when  may  be  filled  temporarily 

to  notify  clerks  of  election  of  circuit  judge 

SLIPS  : 

pasted  on  ballots,   how  counted,  etc 

when,  used  in  case  of  tie  of  delegates,  etc.,  at  city  primaries 

SPLIT   TICKETS: 

how    marked,    folded,    etc 

SPRING   ELECTION  : 

registration  board,  meetings,  etc.,  in  cities  and  townships 60,  67 

STATE  BOARD  OF  EDUCATION: 

members   of,   when   elected,   term   of  office;   duties,   etc 48,  54,  le 

first   election    of   members    of    

STATE   CANVASS: 

how    and    when    made 173-18O 

STATE  CANVASSERS   (see  Board  of  State  Canvassers). 

STATE   EMPLOYES : 

not  deemed  to  have  gained  or  lost  residence 35 

STATEMENT  : 

of  result  of  canvass,  how  prepared,  etc 147 

of  county  canvassers,  what  to  contain 157,  212 

of   votes   by   district   canvassers 158,  170 

canvasser's,  how  made  up  and  certified 159 

where   filed    

to  be  delivered  by  county  clerk  to  district  canvassers 

of  state  canvassers,   what  to   show 178-9 

as  to  canvass  of  votes,  what  to  contain,  when  and  by  whom  made  and  certified, 
when    made   and    certified   as    to   result   of    election    in    village   districts,    where 

deposited     244 


INDEX.  247 


STATEMENT— Continued:  Sections 

made  after  canvass  completed,  by  whom,  what  to  contain,  where  recorded 304,  305 

of  election  of  circuit  judge,  where  returned,  etc 417-18 

of  election  of  regents,  how  and  by  whom  made 423-4 

of  result  of  election  for  justices  of  supreme  court 430-l> 

of  votes,  by  election  inspectors  of  village  elections..  ' -t-\~> 

STATE  OFFICERS: 

to   be   elected   at   general   biennial   election,   term   of  office 39-40  54 

statement  of  votes  for.  duties  of  county  canvassrrs  as  to 157 

resignation  of,   where  made,   vacancy,   how  filled ;;«.);»  40^ 

removal   of   certain,   by  whom 4*03-4 

STRAIGHT   TICKET  : 

how   marked   by  voter,   folding  of,   etc 1 ;;.-, 

to  be  canvassed  first,  what  ballots  void 

STUDENT: 

at   seminary,   residence  not  gained  or  lost 

SUPERVISORS    (see  also  Board  of  Supervisors). 

election    of,    term    of    office 46,  269  °75 

to   constitute   member  board   of  registration .!...'      56764 

to  act  as  inspector  of  election j,  j-j 

when,  to  act  as  chairman  of  board  of  election  inspectors .  118 

duties  of.  as  to  classification  of  justices  in  new  townships 311-314 

when  to  act  as  moderator  of  township  meeting,  duties,  etc 32S-:;2 

to  notify  county  clerk  of  vacancy  in  office  of  treasurer  or  justice  of  the  peace.  .  401 

in  fourth  class  cities,  one  of  election  inspectors 483 

T. 

TALLY  SHEET:    . 

and  ballots  to  be  placed  and  sealed  in  ballot  box 146 

and  copy  of  statement  of  election  to  whom  sent 147 

notations  made  in,  as  to  assisting  certain  voters,  what  to  state..  51') 

TERM   OF   OFFICE  : 

of   elective    officers    199 

TICKETS    (see  Ballots). 

TIE  VOTE : 

when,  fov  governor  or  lieutenant  governor,  legislature  to  choose 16 

in   what   cases   legislature  to  make  choice 42 

in  case  of,   where  drawing  to  take  place 160 

in  case  of,   how  election  determined 160 

proceedings  in  case  of,  in  county  officers,  legislature 213 

proceedings  in  case  of,  at  city  primaries 263 

in  case  of,  in  cities  of  fourth  class 490 

in  case  of,  at  village  elections,   council  to  determine  by  lot 514 

TOWNSHIPS  : 

when,   are  entitled  to  more  than  one  representative 3 

number  of  justices   of  peace  rn 28 

board  of  registration  in,  who  to  constitute,  etc 56,  64 

registration  in,   session  of  board,   power,   duties,   etc 67 

in  new,  who   to  constitute  board  of  registration 86 

opening  and  closing  of  polls  in,  and  cities 154 

noon  adjournment,  certain  section  not  to  apply  to 154 

who  to  constitute  board  of  election  commissioners  in 201 

duties   of    , : 201 

when,  may  be  divided  into  election  districts 233 

combined  result  of  district  reports  to  be  official  canvass  of 239 

when  township  board  may  abolish  division  of,  into  election  districts _:4<; 

new.   classification  of  justices  of  the  peace  in 311-12 

who   eligible   to   hold   office   in 324 

division  of  election  districts  in,  using  voting  machines,   when  laws  to  govern.  .  529 

TOWNSHIP  BOARD  : 

duties  of,  as  to  dividing  township  into  election  districts 114,  233-4 

to  be  board   of  election   commissioners 201 

duties    of    201 

when,    may    appoint    election    inspectors 

when,  may  abolish  division  of  townships  into  election  districts 4 i'4(> 

when  disorganized  or  reduced  below  quorum,  vacancy  how  filled 285 

on  request  of  twelve  electors,  may  call  special  township  meeting 286 

may  appoint  temporarily  to  fill  vacancy  in  certain  offices    320-21 

TOWNSHIP    CLERK  : 

election    of,    term    of    office 46,  269,  275 

to    constitute    member    board    of    registration 56,  64 

when  to  deliver  register  to  election  inspectors 

when  to  deliver  and  certify  to  copy  of  register  of  electors 74,  76 

to   furnish   list   of   electors  at   first   village  election 77 

to  forward  secretary  of  state  number  of  registered  names % 

duty  of.  as  to  notification  of  election 110 

to  act  as  inspector  of  election 

to  provide  ballot  box,  key,  election  seal,  etc • 

printed    instructions    to    voters    furnished 

to  have  charge  of  ballot  box 

duty  of,  as  to  duplicate  statements  of  result  of  election 

poll  lists  to  be  delievered  to,  and  filed  by 

when  order  for  special  township  meeting  to  be  filed  in  office  of 

to  keep  minutes,  etc.,  and  list  of  persons  voting  at  town  meeting 

to  record  proceedings  during  business  adjournment  at  town  meeting 

oaths  taken  by  township  officers  to  be  filed  -with  and  recorded  by 307 


248  INDEX. 


TOWNSHIP  CLERK— Continued:  Sections 

when,  to  notify  persons  elected  at  township  meeting 308 

duties  of,  as  to  classification  of  justices  in  new  townships 312-314 

certain  duties  of,  relative  to  elections 322-324 

to  give  notice  to  county  clerks  of  the  election  of  justices  of  the  peace 324 

notice  of,   of  election   for  circuit  judge 416 

copy  of  order  for  local  option  election  to  be  sent  to 546 

duty  of,   relative  to  poll  list  and  statement  of  local  option  election 549 

when  to  make  copy  of  poll  list,  fee  for 557 

TOWNSHIP   ELECTIONS    (see    Elections,    Township). 

TOWNSHIP  MEETING  : 

annual,    how    construed    55 

board   of  registration,   meetings,   etc.,   of 67 

when  held,   officers  elected  at 269 

election  inspectors  at,  same  as  at  general  elections 291 

when  notice  of  first,   in  election  district  be  given 234 

where  held,  when  may  be  changed,  proceedings,  etc 277-279 

adjournment  of,  from  time  to  time,  when  purpose  other  than  election  of  officers.  280 

first,  after  organization,  when  held,  officers  elected,  etc 281-284 

town  clerk  to  keep  list  of  voters,  minutes  of  proceedings,  etc 292,  322 

polls,    when    opened,    proclamation,    etc 294 

challenges  at,  governed  same  as  at  general  elections 298 

appropriation  of  money  and  election  of  officers  at,  by  viva  voce  vote 

when  clerk  to  notify  persons  elected  at 308 

who  qualified   to  vote  at 

first,   in  new   townships,   notice,   place  of  holding,   etc 335 

TOWNSHIP  MEETINGS,   SPECIAL: 

when  may  be  called  to  fill  vacancy 

call  of,  on  signed  request  of  twelve  electors,  mode  of  procedure 

order  for,  what  to  specify 

within  what  time,  shall  be  called  after  order  made 288 

TOWNSHIP   OFFICERS: 

when,  elected  at  township  meetings  to  take  oath  of  office 

penalty    for   certain,    neglecting   to   qualify 

compensation   of   the    various    326, 327 

resignations  of,  how  and  to  whom  made 

removal  of,  for  certain  reasons,  by  whom 405 

TOWNSHIP   TREASURER  : 

election    of,    term    of    office 

to   constitute   member   of   board   of   registration 56,  64 

township  clerk  to  file  copy  of  register  with 

election  of,   term   of   office 269,  275 

vacancy  in  office  of,  town  board  may  fill  temporarily 321,  401 

U. 

U.   S.  CONSTITUTION  : 

provisions  of  (see  Appendix). 

UNITED   STATES    SENATOR : 

penalty  for  attempt  to  corrupt  vote  of  legislator  for 353 

election  of,  by  legislature,  vacancy,  etc.,  relative  to 433-5 

UNORGANIZED  COUNTIES: 

when  considered-  part   of  organized  county 

UNUSED  BALLOTS: 

who   to   preserve,   etc 

UPPER   PENINSULA: 

general  election,  when  held,  county  and  district  canvass 51 

election  of  state  and  county  officers,  how  conducted,  when  held 436-7 

prosecuting  attorney,   election   returns,   canvass,   etc 

overseers  of  highways,  providing  for  election  of,  by  ballot 439-41 

V. 

VACANCY  * 

in  office  of  sheriff,  in  default  of  security 

in  office  of  regent  of  the  university,  filled  by  governor 

in  board  of  registration  in  cities,  how  filled,  etc 

in  board  of  registration  in  new  township,  how  filled 

when  notice  of  election  to  fill,  in  certain  offices  be  given 103,  106 

how  special  election  may  be  called  to  fill 107,  285 

when,  to  be  filled  at  general  election,  when  notice  to  be  given 

in  office  of  congressman,  notice  of  by  whom  given 

in  office  of  presidential   electors,   how  filled 

term  of  office  of  persons  elected  to  fill 

on  board  of  county  canvassers,  how  filled 

in  board  of  primary  inspectors,  how  filled,  etc 

to  city  or  county  convention,  how  filled 

in  the  various   township   offices,   term   of   office,   etc 272,  274,  276 

manner  of  classifying  justices  in  case  of  election  to  fill 

in  certain  town  offices,  how  fill-ed  temporarily 320,  321 

in   political    delegations,    how    filled 

in  office  of  county  treasurer,  how  and  by  whom  supplied 

in  office  of  register  of  deeds,  how  and  by  whom  supplied 380,  4C 

term  of  office  of  county  officers  elected  to  fill,  when  to  commence 

in  office  of  circuit  court  commissioner,  how  filled ; 

in  office  of  county  commissioner  of  schools,  how  and  by  whom  filled 

in  office  of  county  drain  commissioner,  how  and  by  whom  filled 


INDEX.  249 


VACANCY— Continued:  Sections 

in  office,  statement  of,  to  be  filed  in  office  of  secretary  of  state 400 

in  certain  state  and  county  offices,  how  filled 402-3 

in  office  of  county  clerk  or  prosecuting  attorney,  how  filled 409 

in  certain  state  offices,  by  whom  filled 411 

appointment   or  election   of  county  officers  to   fill 412 

in  office  of  justice  of  supreme  court,  how  filled 428 

in  office  of  U.  S.  senator,  how  filled,  etc 434 

in  offices  in  cities  of  fourth  class,  when  and  how  filled 472-474 

in  fourth  class  cities,   in  election  inspectors 483 

person  elected  to  fill,  for  less  than  full  term  to  be  designated  on  ballot 511 

VIGNETTE  : 

of    political    party,    copy    of    to    be    forwarded    to    election    commissioners 120 

to  be  adopted  by  political  parties,  size,  etc 121 

impression     of,     when    and     where    filed 1  --J. 

how    may    be    changed 122 

township,    city    or    village    committees,    not    required    to    furnish 201 

VILLAGES : 

registration   of  electors  in 64,  77,  245 

who    to    constitute    board    of    election    commissioners    in 201 

duties    of 201 

division    of,    into    election    districts 241-2 

manner    of    conducting    elections    in,    districts 244 

when    may    be   divided    into    voting   precincts 517 

division  of  election  districts  in,  using  voting  machines,  what  laws  to  govern..  529 

VILLAGE    CLERK : 

certificate    and    statement    of    first    election    in    fourth    class    cities,    deposited 

with    445 

to    give    notice    of    election 508 

statement   of  votes   and   certificate   of  election  to   be   filed   with 512 

to  make  duplicate  certificates  of  election  where  filed 513 

to   notify   persons    elected   or   appointed 515 

VILLAGE    COUNCIL  : 

to   appoint    election    commissioners,    provide   ballot    boxes,    etc 509 

to    determine   result   of   election 513 

in  case  of  tie  at  elections,  to  determine  by  lot 514 

when,   may  authorize  the  use  of  voting  machines  at  village  election 518 

VILLAGE    OFFICERS: 

number  of  elected  or  appointed,  term  of  office,  etc 500-504 

VILLAGE    TRUSTEES: 

duties   of,   and   president   as  to  dividing  village   into   election  districts 241 

VIVA    VOCE    VOTE: 

inspectors    of    election,    when    chosen    by 

one   overseer   for  each   road   district,   to  be  chosen  by 271 

business    transacted    at    town    meetings    by 300 

VOTERS    (see    also    Electors). 

instructions    to.    form    of   ballot,    etc 

assistance  of,   in  preparation  of  ballot 

printed  instructions,  by  whom  furnished,   etc 

unlawful    to    influence    

unable  to  vote  intelligently  to  make  affidavit,  by  whom  assisted,  notations  made  519 

instructions  for,  information,  when,  fry  whom  and  to  whom  delivered 52O 

instructions  for,  as  to  voting  machine  and  time,  may  remain  in  booth 

when  voting  machines  provided  and  operation  explained  to,  by  whom 

rules,  etc.,  governing  conduct  of,  using  voting  machines 531 

VOTES : 

statement   of,    by   county    canvassers 157 

statement   of,    by    district   canvassers 158 

canvasser's  statement  of,  how  made  up,  filed,  etc 

district  canvass  of,  when  and  where  made 

recount   of,   by   county   canvassers  .*. 218-21 

canvass  of,  in  districts,  certified  statement  to  be  made 

canvass  and  result  of,  on  questions  submitted  to  electors  at  district  meetings.. 

canvass  of,  in  village  districts 

canvass  of,  at  township  elections 

canvass   of,   for  circuit   judge 

for  regents,  canvass  of    423,  424 

canvass   of,   for   supreme   court  justices 430-2 

canvass  of,  for  prosecuting  attorney  in  TT.  P 

returns  of,  of  certain  officers  at  general  election,  when,  to  and  by  whom  made.  534 

VOTING   MACHINES  : 

who  may  authorize  the  use  of,  at  township,  city  or  village  elections 

testing   of,   when   and   by   whom 520 

instructions  for  voters  as  to  using,   to  be  placed  in  booths 

ballot  box,   when  provided   for   in  precincts  using 

providing  for,  and  operation  of,  explained  to  voters,  when  and  by  whom 

statement  of  votes  shown  by,  when  to  be  ascertained  and  proclaimed 

penalty  for  damaging  or  obstructing  use  of ; 525 

how   constructed,   how   used  by   electors ' 527,  528 

when  election  districts  using,  may  be  divided 

payment   for,   by   bonds,    etc.,   by   whom 

supplies,  rules  and  instructions  in  connection  with  use  of,  by  whom  furnished.. 


250  INDEX. 


w. 

WAGER :  Sections 

on  election,   penalty  for    343-5 

WARD    COMMITTEE  : 

notice  of  time  for  holding  primaries  in  cities  given  by 240 

one  of,  in  city  primaries,  one  of  board  of  inspectors.. 
WARDS : 

residence    in,    condition    of    registration 72 

primaries  in  cities,  held  in,  at  same  time : 248 

in  cities  of  fourth  class,   election   inspectors,   notices,  etc 443 

inspectors    of    first    election,    duties 444-5 

change   of   boundaries   not   to   affect   aldermen 448-9 

electors  in,   division  of,   into   precincts,   etc 45O-  i 

registration,   election   districts,   new,   etc 452-7 

two  aldermen  elected  in  each 4G2 

WAYNE  COUNTY: 

re-registration  of  electors   in,   when  made 85 

nominee  in,  of  two  parties  to  give  notice  specifying  choice 12O 

failure  to   give,   name  how  placed 1  L'o 

committees,   to   forward   vignette  and  names  of   candidates  to   election   commis- 
sioners       1 2d 

who  to  constitute   board  of  county  canvassers  in 2<)'.t 

act  for  approval  of  county  officers'  bonds,  not  to  apply  to 398 


